10–16–03 Vol. 68 No. 200 Thursday Oct. 16, 2003 Pages 59513–59704

10–16–03 Thursday Vol. 68 No. 200 Oct. 16, 2003

Pages 59513–59704

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1 II Federal Register / Vol. 68, No. 200 / Thursday, October 16, 2003

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2 III

Contents Federal Register Vol. 68, No. 200

Thursday, October 16, 2003

Agency for Healthcare Research and Quality Senior Executive Service: NOTICES Performance Review Board; membership, 59580–59581 Agency information collection activities; proposals, submissions, and approvals, 59616–59618 Committee for the Implementation of Textile Agreements NOTICES Agricultural Marketing Service Cotton, wool, and man-made textiles: RULES Philippines, 59592 Potatoes (Irish) grown in— Idaho and Oregon, 59524–59527 Commodity Credit Corporation PROPOSED RULES NOTICES Milk marketing orders: Domestic Sugar Program: Northeast, et al., 59554–59555 2002-crop sugar marketing allotments and allocations; revisions, 59578–59580 Agriculture Department See Agricultural Marketing Service Customs and Border Protection Bureau See Animal and Plant Health Inspection Service NOTICES See Commodity Credit Corporation IRS interest rates used in calculating interest on overdue See Food and Nutrition Service accounts and refunds, 59630–59631 See Forest Service Education Department Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency information collection activities; proposals, NOTICES submissions, and approvals, 59592–59594 Agency information collection activities; proposals, Grants and cooperative agreements; availability, etc.: submissions, and approvals, 59637 National Institute on Disability and Rehabilitation Animal and Plant Health Inspection Service Research— Research Fellowships Program, 59594–59595 RULES Exportation and importation of animals and animal Energy Department products: See Federal Energy Regulatory Commission Classical swine fever; disease status change— NOTICES East Anglia, 59527–59531 Meetings: PROPOSED RULES Environmental Management Advisory Board, 59595– Plant-related quarantine, domestic: 59596 Plum pox compensation, 59548–59554 Environmental Management Site-Specific Advisory Board— Arts and Humanities, National Foundation National Coal Council Advisory Committees, 59596 See National Foundation on the Arts and the Humanities Rocky Flats, CO, 59596–59597 Natural gas exportation and importation: Coast Guard Husky Gas Marketing et al., 59597–59598 RULES Drawbridge operations: Environmental Protection Agency Virginia, 59535–59538 RULES Ports and waterways safety: Hazardous waste program authorizations: Chesapeake Bay— West Virginia, 59542–59546 Cove Point, MD; Liquified Natural Gas Terminal; safety PROPOSED RULES and security zone, 59538–59540 Disadvantaged Business Enterprise Program; participation NOTICES by businesses in procurement under financial Meetings: assistance agreements, 59563 National Boating Safety Advisory Council, 59627 Hazardous waste program authorizations: Preparedness for Response Exercise Program: West Virginia, 59563–59564 Triennial exercise schedule (2004—2006 FY), 59627– NOTICES 59630 Environmental statements; availability, etc.: Coastal nonpoint pollution control program— Commerce Department Minnesota and Texas, 59588 See Industry and Security Bureau Grants and cooperative agreements; availability, etc.: See International Trade Administration National Brownfields Assessment, Revolving Loan Fund, See National Oceanic and Atmospheric Administration and Cleanup Grants, 59611–59613 See National Telecommunications and Information Pesticide registration, cancellation, etc.: Administration Interregional Research Project (No. 4), 59613–59615 NOTICES Agency information collection activities; proposals, Executive Office of the President submissions, and approvals, 59580 See Presidential Documents

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Export-Import Bank Food and Nutrition Service NOTICES RULES Meetings: Food Stamp Program: Renewable Energy Exports Advisory Committee, 59615 Non-discretionary quality control provisions, 59519– 59524 Federal Aviation Administration RULES Forest Service Airworthiness directives: NOTICES McDonnell Douglas, 59532–59535 Meetings: Pratt & Whitney Canada, 59531–59532 Resource Advisory Committees— PROPOSED RULES Lincoln County, 59580 Airworthiness directives: Siskiyou County, 59580 Hartzell Propeller Inc., 59555–59557 NOTICES Health and Human Services Department Environmental statements; availability, etc.: See Agency for Healthcare Research and Quality Launch and reentry operations; licensing, 59676 See Health Resources and Services Administration See National Institutes of Health Federal Bureau of Investigation NOTICES NOTICES Meetings: Agency information collection activities; proposals, Vital and Health Statistics National Committee, 59616 submissions, and approvals, 59638–59639 Organization, functions, and authority delegations: Administrator, Health Resources and Services Federal Election Commission Administration, 59616 NOTICES Meetings; Sunshine Act, 59615 Health Resources and Services Administration NOTICES Federal Energy Regulatory Commission Agency information collection activities; proposals, NOTICES submissions, and approvals, 59618–59619 Environmental statements; notice of intent: Discovery Gas Transmission, LLC, 59604–59605 Homeland Security Department Williston Basin Interstate Pipeline Co., 59606–59607 See Coast Guard Hydroelectric applications, 59607–59610 See Customs and Border Protection Bureau Preliminary permits surrender: RULES Symbiotics, LLC, et al., 59610–59611 Support Anti-Terrorism by Fostering Effective Technologies Applications, hearings, determinations, etc.: Act of 2002 (SAFETY Act); implementation, 59683– Enbridge Pipelines (KPC), 59598 59704 Florida Gas Transmission Co., 59598–59599 Housing and Urban Development Department Garden Banks Gas Pipeline, LLC, 59599 NOTICES Guardian Pipeline, L.L.C., 59599 Agency information collection activities; proposals, Iroquois Gas Transmission System, L.P., 59599–59600 submissions, and approvals, 59631–59634 Kern River Gas Transmission Co., 59600 MidAmerican Energy Co., 59600 Industry and Security Bureau National Fuel Gas Supply Corp., 59600–59601 NOTICES Natural Gas Pipeline Co. of America, 59601 Meetings: NRG Energy, Inc., 59601 President’s Export Council, 59581 Panhandle Eastern Pipe Line Co., LCC, 59602 Strategic and critical materials: Southwest Gas Storage Co., 59602 National defense stockpile disposals; potential market Tennessee Gas Pipeline Co., 59602–59603 impact, 59581–59583 Viking Gas Transmission Co., 59603 Williston Basin Interstate Pipeline Co., 59603–59604 Interior Department See Fish and Wildlife Service Federal Maritime Commission See Land Management Bureau NOTICES Agreements filed, etc., 59615–59616 Internal Revenue Service PROPOSED RULES Federal Motor Carrier Safety Administration Procedure and administration: NOTICES Information reporting penalties waiver; prompt correction Motor carrier safety standards: determination Exemption applications— Hearing cancellation, 59557 Isuzu Motors America, Inc., 59677–59678 International Trade Administration Fish and Wildlife Service NOTICES NOTICES Antidumping: Agency information collection activities; proposals, Brake Rotors from— submissions, and approvals, 59634–59635 China, 59583 Environmental statements; availability, etc.: Heavy forged hand tools, forged or unfinished, with or Recovery plans— without handles, from— Hawaiian forest birds, 59635–59636 China, 59583–59584

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Industrial Nitrocellulose from— Meetings: United Kingdom, 59584–59585 New England Fishery Management Council, 59588–59589 Preserved mushrooms from— Pacific Fishery Management Council, 59589–59590 China, 59586 South Atlantic Fishery Management Council, 59590– 59591 Justice Department Permits: See Alcohol, Tobacco, Firearms, and Explosives Bureau Endangered and threatened species, 59591 See Federal Bureau of Investigation See Justice Programs Office National Science Foundation NOTICES Justice Programs Office Committees; establishment, renewal, termination, etc.: NOTICES Earthscope Science and Education Advisory Committee, Agency information collection activities; proposals, 59642 submissions, and approvals, 59639–59640 Meetings: Land Management Bureau Education and Human Resources Advisory Committee, NOTICES 59642 Meetings: Geosciences Advisory Committee, 59642 Resource Advisory Councils— New Mexico, 59636 National Telecommunications and Information Survey plat filings: Administration New Mexico, 59637 NOTICES Senior Executive Service: National Foundation on the Arts and the Humanities Performance Review Board; membership, 59592 NOTICES Agency information collection activities; proposals, Nuclear Regulatory Commission submissions, and approvals, 59640–59642 NOTICES Meetings: National Highway Traffic Safety Administration Nuclear Waste Advisory Committee, 59643–59644 NOTICES Reactor Safeguards Advisory Committee, 59644–59645 Agency information collection activities; proposals, Regulatory guides; issuance, availability, and withdrawal, submissions, and approvals, 59678–59680 59645 Special nuclear material licensing requirements; National Institutes of Health exemptions: NOTICES Envirocare of Utah, Inc., 59645–59647 Meetings: Applications, hearings, determinations, etc.: National Cancer Institute, 59619 Dominion Nuclear North Anna, LLC, 59642–59643 National Center for Research Resources, 59619–59620 National Heart, Lung, and Blood Institute, 59620 Overseas Private Investment Corporation National Institute of Allergy and Infectious Diseases, NOTICES 59622–59623 Meetings; Sunshine Act, 59647 National Institute of Child Health and Human Development, 59620–59625 Personnel Management Office National Institute of Mental Health, 59622–59624 NOTICES National Institute on Alcohol Abuse and Alcoholism, Agency information collection activities; proposals, 59621 submissions, and approvals, 59647 National Institute on Deafness and Other Communication Disorders, 59623 Presidential Documents Scientific Review Center, 59625–59626 PROCLAMATIONS Warrren Grant Magnuson Clinical Center Board of Special observances: Directors, 59627 Columbus Day (Proc. 7720), 59515–59516 National Oceanic and Atmospheric Administration General Pulaski Memorial Day (Proc. 7721), 59517–59518 RULES National School Lunch Week (Proc. 7719), 59513–59514 Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Securities and Exchange Commission Pacific cod, 59546–59547 NOTICES Atlantic highly migratory species— Agency information collection activities; proposals, Atlantic bluefin tuna, 59546 submissions, and approvals, 59647–59648 PROPOSED RULES Meetings; Sunshine Act, 59649–59650 Fishery conservation and management: Self-regulatory organizations; proposed rule changes: Alaska; fisheries of Exclusive Economic Zone— American Stock Exchange LLC, 59650–59656 Gulf of Alaska groundfish, 59564–59577 Chicago Board Options Exchange, Inc., 59656–59659 NOTICES National Association of Securities Dealers, Inc., 59659– Agency information collection activities; proposals, 59661 submissions, and approvals, 59587–59588 Pacific Exchange, Inc., 59661–59666 Environmental statements; availability, etc.: Philadelphia Stock Exchange, Inc., 59666–59673 Coastal nonpoint pollution control program— Applications, hearings, determinations, etc.: Minnesota and Texas, 59588 JF International Management Inc., et al., 59648–59649

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Social Security Administration Treasury Department NOTICES See Internal Revenue Service Meetings: Ticket to Work and Work Incentives Advisory Panel, 59673 Veterans Affairs Department RULES State Department Adjudication; pensions, compensation, dependency, etc.: NOTICES Chronic lymphocytic leukemia; presumptive service Art objects; importation for exhibition: connection, 59540–59542 Verrocchio’s David Restored: A Renaissance Bronze from PROPOSED RULES the National Museum of Bargello, Florence, 59673– Medical benefits: 59674 Extended care services; computing copayments, 59557– Grants and cooperative agreements; availability, etc.: 59563 Non-Arab and Muslim World; human rights and NOTICES democratization initiatives, 59674–59675 Disciplinary Appeals Board Panel; employee roster availability, 59682 Surface Transportation Board NOTICES Motor carriers: Finance transactions— Separate Parts In This Issue Niagara Frontier Tariff Bureau, Inc., 59680 Railroad operation, acquisition, construction, etc.: Part II CSX Transportation, Inc., 59680–59682 Homeland Security Department, 59683–59704 Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Reader Aids Transportation Department Consult the Reader Aids section at the end of this issue for See Federal Aviation Administration phone numbers, online resources, finding aids, reminders, See Federal Motor Carrier Safety Administration and notice of recently enacted public laws. See National Highway Traffic Safety Administration To subscribe to the Federal Register Table of Contents See Surface Transportation Board LISTSERV electronic mailing list, go to http:// NOTICES listserv.access.gpo.gov and select Online mailing list Agency information collection activities; proposals, archives, FEDREGTOC-L, Join or leave the list (or change submissions, and approvals, 59675–59676 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.

3 CFR Proclamations: 7719...... 59513 7720...... 59515 7721...... 59517 6 CFR 25...... 59684 7 CFR 272...... 59519 275...... 59519 945...... 59524 Proposed Rules: 301...... 59548 1000...... 59554 1001...... 59554 1005...... 59554 1006...... 59554 1007...... 59554 1030...... 59554 1032...... 59554 1033...... 59554 1124...... 59554 1126...... 59554 1131...... 59554 1135...... 59554 9 CFR 94...... 59527 14 CFR 39 (2 documents) ...... 59531, 59532 Proposed Rules: 39...... 59555 26 CFR Proposed Rules: 301...... 59557 33 CFR 117...... 59535 165...... 59538 38 CFR 3...... 59540 Proposed Rules: 17...... 59557 40 CFR 271...... 59542 Proposed Rules: 30...... 59563 31...... 59563 33...... 59563 35...... 59563 40...... 59563 271...... 59563 50 CFR 635...... 59546 679...... 59546 Proposed Rules: 679...... 59564

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Federal Register Presidential Documents Vol. 68, No. 200

Thursday, October 16, 2003

Title 3— Proclamation 7719 of October 10, 2003

The President National School Lunch Week, 2003

By the President of the United States of America

A Proclamation

Over the last 57 years, the National School Lunch Program has provided more than 187 billion meals to young people across our country. During National School Lunch Week, we recognize the importance that good nutrition plays in the health of our children and in the development of good eating habits and healthy lifestyles. By helping our children make healthy choices not only about food but also about their overall well-being, we can reduce the rates of childhood obesity and diabetes and help prevent heart disease, stroke, and other diseases later in life. Nutritious meals can also improve students’ concentration and help them succeed in school. As part of the National School Lunch Program, the Department of Agri- culture’s Team Nutrition advises school food service professionals on how to prepare healthy meals for children. Team Nutrition also provides nutrition programs for children, families, and communities to illustrate the link between diet and health. Today, more than 99,000 schools and childcare centers are educating young people about good eating habits. They are also helping to feed our Nation’s needy children through the National School Lunch Program. For many students, low-cost or free school meals are sometimes the only nutritious food they eat. Over the years, the dedication of school officials, food service professionals, parents, and community leaders has helped to expand the National School Lunch Program to include break- fast, after-school snacks, milk breaks, and summer food programs. In recognition of the contributions of the National School Lunch Program to the health, education, and well-being of America’s children, the Congress, by joint resolution of October 9, 1962 (Public Law 87–780), as amended, has designated the week beginning on the second Sunday in October of each year as ‘‘National School Lunch Week’’ and has requested the President to issue a proclamation in observance of this week. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, do hereby proclaim October 12 through October 18, 2003, as National School Lunch Week. I call upon all Americans to join the dedicated individuals who administer the National School Lunch Program at the State and local levels in appropriate activities to promote programs that support the health and well-being of our Nation’s children.

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IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of October, in the year of our Lord two thousand three, and of the Independence of the United States of America the two hundred and twenty-eighth. W

[FR Doc. 03–26329 Filed 10–15–03; 8:45 am] Billing code 3195–01–P

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Proclamation 7720 of October 10, 2003

Columbus Day, 2003

By the President of the United States of America

A Proclamation

When Christopher Columbus set out from Spain in August 1492, he launched an era of discovery and exploration that continues today. On Columbus Day, we honor this Italian explorer’s courage and vision, and recognize his four journeys to the ‘‘New World.’’ One of the first known celebrations of Christopher Columbus’ achievements was in 1792 when a ceremony in New York City celebrated the 300th anniversary of his landing in the Bahamas. Italian Americans began regularly honoring Columbus in the 1860s. In 1892, President Benjamin Harrison issued a Presidential proclamation on the 400th anniversary of Columbus’ first voyage, describing Columbus as ‘‘the pioneer of progress and enlighten- ment.’’ The United States now celebrates a national holiday in honor of Columbus. Columbus’ willingness to sacrifice the comfort of his home to pursue the unknown has inspired generations of daring explorers. Through the years, Americans have followed in the spirit of Columbus through exploration of land, sea, and space, and are fulfilling Columbus’ great legacy. Since the days of Columbus, millions of Italian immigrants have crossed the ocean and come to the United States. These Italian Americans and their descendants have made America stronger and better. In commemoration of Columbus’ journey, the Congress, by joint resolution of April 30, 1934, and modified in 1968 (36 U.S.C. 107), as amended, has requested that the President proclaim the second Monday of October of each year as ‘‘Columbus Day.’’ NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, do hereby proclaim October 13, 2003, as Columbus Day. I call upon the people of the United States to observe this day with appropriate ceremonies and activities. I also direct that the flag of the United States be displayed on all public buildings on the appointed day in honor of Christopher Columbus.

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[FR Doc. 03–26330 Filed 10–15–03; 8:45 am] Billing code 3195–01–P

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Proclamation 7721 of October 10, 2003

General Pulaski Memorial Day, 2003

By the President of the United States of America

A Proclamation

Brigadier General Casimir Pulaski sacrificed his life on October 11, 1779, for America’s independence and the universal cause of freedom. His bravery in supporting the American Revolutionary War is an inspiration to individuals around the world who pursue peace and freedom for all. Growing up near Warsaw, Casimir Pulaski knew firsthand the horror of tyranny and oppression. In 1768, he joined his father and fellow compatriots in rising against injustice and fighting for Polish independence. As a commander in the rebellion, the young Pole demonstrated a devotion to freedom and great courage. When the rebellion was quelled, Pulaski was exiled to France, where he continued to pursue freedom with the same spirit and determination that he had shown in Poland. While in Paris, he met with the American envoy to France, Benjamin Frank- lin, who discussed with him America’s struggle for independence. Pulaski then volunteered his services to General George Washington. In his first letter to General Washington after arriving in America in the summer of 1777, General Pulaski pledged that he ‘‘came here, where freedom is being defended, to serve it, and to live and die for it.’’ Impressed with General Pulaski’s abilities and battle experience, General Washington commissioned him as a Brigadier General of the American cavalry. In May 1779, General Pulaski’s new cavalry division successfully defended the city of Charleston, South Carolina. Several months later, in the siege of Savannah, General Pulaski was mortally wounded while trying to raise morale and rally his troops who were under heavy enemy fire. General Pulaski’s bravery and sacrifice helped lead America to victory, and today, the Polish motto—‘‘for your freedom and ours’’—echoes the great spirit of this Polish and American hero. This day, we commemorate General Pulaski’s service to our Nation and draw strength from his example. We also honor the sacrifices of the many men and women of Poland and other allied nations who persevere with us in the fight for freedom. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim October 11, 2003, as General Pulaski Memorial Day. I encourage all Americans to commemorate this occasion with appropriate programs and activities paying tribute to Casimir Pulaski and honoring all those who defend the freedom of our Nation.

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[FR Doc. 03–26331 Filed 10–15–03; 8:45 am] Billing code 3195–01–P

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Rules and Regulations Federal Register Vol. 68, No. 200

Thursday, October 16, 2003

This section of the FEDERAL REGISTER USDA, 3101 Park Center Drive, statement, including a cost-benefit contains regulatory documents having general Alexandria, Virginia, 22302. Comments analysis, for proposed and final rules applicability and legal effect, most of which may also be faxed to the attention of with ‘‘Federal mandates’’ that may are keyed to and codified in the Code of Daniel Wilusz at (703) 305–0928 or e- result in expenditures to State, local, or Federal Regulations, which is published under mailed to [email protected]. tribal governments in the aggregate, or 50 titles pursuant to 44 U.S.C. 1510. All written comments will be open for to the private sector, of $100 million or The Code of Federal Regulations is sold by public inspection at the office of the more in any one year. When such a the Superintendent of Documents. Prices of Food and Nutrition Service during statement is needed for a rule, section new books are listed in the first FEDERAL regular business hours (8:30 a.m. 205 of the UMRA generally requires REGISTER issue of each week. through 5 p.m.). You may also FNS to identify and consider a download an electronic version of this reasonable number of regulatory rule at http://www.fns.usda.gov/fsp/ alternatives and adopt the least costly, DEPARTMENT OF AGRICULTURE rules/Regulations/default.htm. more cost-effective or least burdensome alternative that achieves the objectives Food and Nutrition Service FOR FURTHER INFORMATION CONTACT: Questions regarding this rulemaking of the rule. This rule contains no Federal mandates (under the regulatory 7 CFR Parts 272 and 275 should be addressed to Margaret Werts Batko at the above address or by provisions of Title II of the UMRA) for RIN 0584–AD31 telephone at (703) 305–2516. State, local, and tribal governments or SUPPLEMENTARY INFORMATION: the private sector of $100 million or Food Stamp Program: Non- more in any one year. This rule is, Discretionary Quality Control Executive Order 12866 therefore, not subject to the Provisions of Title IV of Public Law requirements of sections 202 and 205 of 107–171 This rule has been determined to be Significant and was reviewed by the the UMRA. AGENCY: Food and Nutrition Service, Office of Management and Budget under Federalism Summary Impact Statement USDA. Executive Order 12866. ACTION: Interim rule. Executive Order 13132 requires Executive Order 12372 Federal agencies to consider the impact SUMMARY: On May 13, 2002, the The Food Stamp Program is listed in of their regulatory actions on State and President signed the Farm Security and the Catalog of Federal Domestic local governments. Where such actions Rural Investment Act of 2002 (the 2002 Assistance under No. 10.551. For the have federalism implications, agencies Act). Title IV of the 2002 Act (the Food reasons set forth in the final rule in 7 are directed to provide a statement for Stamp Reauthorization Act of 2002) CFR part 3015, subpart V and related inclusion in the preamble to the contains provisions concerning the Notice (48 FR 29115, June 24, 1983), regulations describing the agency’s Food Stamp Program. This rule amends this Program is excluded from the scope considerations in terms of the three the Food Stamp Program regulations to of Executive Order 12372 which categories called for under section implement certain provisions requires intergovernmental consultation (6)(b)(2)(B) of Executive Order 13132. concerning the Quality Control system with State and local officials. FNS has considered this rule’s impact in sections 4118 and 4119 of the Food on State and local agencies and has Stamp Reauthorization Act of 2002. Regulatory Flexibility Act determined that it does not have This interim rule revises the current This rule has been reviewed with Federalism implications under E.O. regulations to reflect the new liability regard to the requirements of the 13132. This rule does not impose procedures and the new deadlines for Regulatory Flexibility Act of 1980 (5 substantial or direct compliance costs completing the Quality Control review U.S.C. 601–612). Eric M. Bost, Under on State and local governments. process and announcement of error Secretary for Food, Nutrition, and Therefore, under section 6(b) of the rates. As a result of the change in the Consumer Services, has certified that Executive Order, a Federalism summary statute, a new two-year liability system this rule will not have a significant impact statement is not required. will be instituted which will result in economic impact on a substantial Civil Rights Impact Analysis fewer State agencies being subject to number of small entities. State and local liabilities for excessive payment error welfare agencies will be the most FNS has reviewed this interim rule in rates. There will be new time frames for affected to the extent that they accordance with the Department State agencies to complete the quality administer the Program. Regulation 4300–4, ‘‘Civil Rights Impact control case review process and for the Analysis,’’ to identify and address any Department to issue error rates. Public Law 104–4 major civil rights impacts the rule might DATES: This interim rule is effective Unfunded Mandate Reform Act of have on minorities, women, and persons December 15, 2003. Comments on this 1995 (UMRA). Title II of UMRA with disabilities. After a careful review rulemaking must be received on or establishes requirements for Federal of the rule’s intent and provisions, FNS before January 14, 2004 to be assured of agencies to assess the effects of their has determined that this rule has no consideration. regulatory actions on State, local, and impact on any of the protected classes. ADDRESSES: Comments should be tribal governments and the private These changes affect the quality control submitted to Daniel Wilusz, Quality sector. Under section 202 of the UMRA, review system and not individual Control Branch, Program Accountability the Food and Nutrition Service (FNS) recipients’ eligibility for or participation Division, Food and Nutrition Service, generally must prepare a written in the Food Stamp Program. FNS has no

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discretion in implementing these Government Paperwork Elimination States have the option to maintain in changes. The changes are required to be Act paper or electronic format information implemented by law. All data available In compliance with the Government compiled for the Performance Reporting to FNS indicate that protected Paperwork Elimination Act, FNS is System, including Management individuals have the same opportunity committed to providing electronic Evaluation, Data Analysis and to participate in the Food Stamp submission as an alternative for Corrective Action information. The Program as non-protected individuals. information collections associated with State maintains the information on site FNS specifically prohibits the State and this rule. However, we are not able to to be available for FNS review (OMB local government agencies that make the entire process electronic at number 0584–0010). administer the Program from engaging this time. Executive Order 12988 in actions that discriminate based on Part of the process allows electronic This rule has been reviewed under race, color, national origin, gender, age, submission. The Quality Control review disability, marital or family status. Executive Order 12988, Civil Justice schedule (approved under OMB #0584– Reform. This rule is intended to have Regulations at 7 CFR 272.6 specifically 0299) serves as both the data summary state that ‘‘State agencies shall not preemptive effect with respect to any entry form that the reviewer completes State or local laws, regulations, or discriminate against any applicant or during each review, and subsequently, participant in any aspect of program policies that conflict with its provisions as the data input document for direct administration, including, but not or that would otherwise impede its full data entry into the Kansas City limited to, the certification of implementation. This rule is not Computer Center (KCCC). While the households, the issuance of coupons, intended to have retroactive effect data is manually collected on a paper the conduct of fair hearings, or the unless so specified in the ‘‘Effective form from information extracted from a conduct of any other program service for Date’’ paragraph of the final rule. Prior case file, it is electronically submitted to reasons of age, race, color, sex, to any judicial challenge to the the KCCC for tabulation and analysis. handicap, religious creed, national provisions of this rule or the application Some States have begun to use origin, or political beliefs. of its provisions, all applicable computerized versions of the worksheet Discrimination in any aspect of program administrative procedures must be administration is prohibited by these (OMB number 0584–0074), which exhausted. In the Food Stamp Program regulations, the Food Stamp Act of 1977 provides information collected on the the administrative procedures are as (the Act), the Age Discrimination Act of review schedule. In addition, the FNS follows: (1) For Program benefit 1975 (Pub. L. 94–135), the contractor for the data collection system recipients—State administrative Rehabilitation Act of 1973 (Pub. L. 93– has developed, at FNS request, a procedures issued pursuant to 7 U.S.C. 112, section 504), and title VI of the computerized version of the worksheet. 2020(e)(1) and 7 CFR 273.15; (2) for Civil Rights Act of 1964 (42 U.S.C. States are being given the option to State agencies—administrative 2000d). Enforcement action may be continue to use their own systems, the procedures issued pursuant to 7 U.S.C. brought under any applicable Federal new computerized version provided by 2023 set out at 7 CFR 276.7 (for rules law. Title VI complaints shall be FNS or the paper version. When FNS related to non-quality control (QC) processed in accord with 7 CFR Part computerized versions of the worksheet liabilities) or Part 283 (for rules related 15.’’ are used, the information is linked to to QC liabilities); (3) for retailers and and creates the review schedule. wholesalers—administrative procedures Paperwork Reduction Act Under OMB number 0584–0034, the issued pursuant to 7 U.S.C. 2023 set out This interim rule does not contain burden for collecting and reporting at 7 CFR 278.8 and part 279. changes to the reporting or information related to the review of Regulatory Impact Analysis recordkeeping requirements subject to negative cases and the status of sample approval by the Office of Management selection and completion is approved. Need for Action: This rule amends the and Budget (OMB) under the Paperwork The FNS–245 serves as both the data Food Stamp Program regulations to Reduction Act of 1995 (44 U.S.C. 3507). summary entry form that the reviewer implement certain provisions Reporting and recordkeeping completes during each negative case concerning the Quality Control system requirements for quality control are review, and subsequently as the data in sections 4118 and 4119 of the Food approved under OMB numbers 0584– input document for direct data entry Stamp Reauthorization Act of 2002. 0074, 0584–0299, 0584–0303, and 0584– into the KCCC. Therefore, while data is These provisions revise the liability 0034. There are no changes being made manually collected, it is electronically procedures and establish new deadlines in this rulemaking that will alter the submitted to the KCCC for tabulation for completing the Quality Control reporting and recordkeeping and analysis. The FNS–248 (Status of review process and announcement of requirements related to quality control Sample Selection and Completion) payment error rates. The rule has no approved under these burdens. The collects information on the status of Federal Program cost impacts, however, legislative change concerning corrective State reviews. The FNS–248 contains fewer States will be identified as having action planning does not affect the information not produced by the any potential liability, and any such burden in 0584–0010 for reporting and automated system, therefore this report liabilities will be significantly lower recordkeeping because the change only is still necessary. However, we are than under the existing system. affects which States would be required considering ways that this data could be Justification of alternatives. The to submit corrective action plans and collected electronically. Department has no discretion regarding because the number of states required to The burden under OMB number the legislative mandate to revise the submit corrective action plans will not 0584–0303 encompasses the sampling liability and enhanced funding change under the new requirement. The plan, arbitration, and good cause. At provisions of the QC system. Nor does burden approved under OMB number this time, these areas are not it have discretion regarding the 0584–0010 was allowed to expire. The substantively electronic submittals. To provision that revises time frames for Food and Nutrition Service has initiated the extent possible, States may submit completing the review and arbitration action to reinstate the burden under documents or portions of documents process and announcing individual 0584–0010. electronically. State agency payment error rates at the

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end of each annual review period. The measure, or in determining when State in the fiscal year by the State agency, Department does have discretion in agencies develop corrective action plans multiplied by a factor that is the lesser resolving the liabilities established resulting from payment error rates. of: (1) The ratio of the amount by which under the new system. The Secretary Thus, the Department has determined in the payment error rate of the State may: Waive all or a portion of the accordance with 5 U.S.C. 553(b) that a agency for the fiscal year exceeds the liability; require the State agency to notice of proposed rulemaking and an national performance measure for the reinvest up to 50 percent of the liability opportunity for prior public comments fiscal year, to the national performance in activities to improve program is unnecessary. Discretionary regulatory measure for the fiscal year, or (2) one. administration, which new investment changes that result from sections 4118 This figure was then multiplied by the money shall not be matched by Federal and 4119 will be addressed amount by which the payment error rate funds; designate up to 50 percent of the subsequently in one or more proposed of the State agency for the fiscal year liability as at-risk for repayment if a rulemakings. exceeded the national performance liability is established based on the measure for the fiscal year. Background State agency’s payment error rate for the Section 4118 of the Food Stamp subsequent fiscal year; or assert any On May 13, 2002, the President Reauthorization Act of 2002 establishes combination of these options. Once the signed Public Law 107–171, the Farm a new multi-year liability system. The Secretary issues the original resolution Security and Rural Investment Act of national performance measure proposal, only the amounts designated 2002. Title IV of Public Law 107–171, continues to be defined as the sum of as waived or reinvestment are subject to the Food Stamp Reauthorization Act of the products of each State agency’s negotiation between the State agency 2002, significantly revised the liability payment error rate times that State and the Department. and enhanced funding provisions of the agency’s proportion of the total value of Effects on Food Stamp Recipients. Quality Control (QC) system. In this national allotments issued for the fiscal This action is not anticipated to have interim rule, we are addressing the year using the most recent issuance data any impact on benefit levels or food provisions in section 4118 of the Food available at the time the State agency is stamp program participation, as it does Stamp Reauthorization Act of 2002 notified of its payment error rate. not change the program’s eligibility concerning establishment, adjustment, However, the method for determining requirements or benefit calculation. and collection of potential liabilities any potential liability has changed. Effects on Federal Program Costs. and the requirement to develop a Under this system, Fiscal Year 2003 Since this action is not anticipated to corrective action plan when a State’s serves as the initial base year. For Fiscal have any impact on benefit levels or payment error rate exceeds six percent. Year 2004 and subsequent years, food stamp participation, we do not In this interim rule, we are also liability for payment shall be anticipate any impact on food stamp addressing the provision in Section established whenever there is a 95 benefit costs. There is also no 4119 that revises time frames for percent statistical probability that, for anticipated financial impact in completing the review and arbitration the second or subsequent consecutive administration costs from the changes in process and announcing individual fiscal year, a State agency’s payment how liabilities are calculated, assessed, State agency error rates at the end of error rate exceeds 105 percent of the or collected. each annual review period. All national performance measure. For Effects on Administering State remaining provisions not addressed in example, if there were a 95 percent Agencies: This rule affects State this rule will be addressed in one or statistical probability that a State agencies by revising the QC sanction more subsequent proposed rulemakings. agency’s payment error rate for Fiscal system. Under this rule, fewer States Establishing Liabilities for Excessive Year 2003 exceeded 105 percent of the will be identified as having any Payment Error Rates Fiscal Year 2003 national performance potential liability, and any such measure, and again in Fiscal Year 2004, liabilities will be significantly lower Section 4118 of the Food Stamp if there was a 95 percent statistical than under the existing sanction system. Reauthorization Act of 2002 amended probability that the State’s payment State agencies will also have additional Section 16(c) of the Food Stamp Act of error rate exceeded 105 percent of the time to complete the quality control 1977, as amended, significantly revising Fiscal Year 2004 national performance review process. the system for determining liabilities for measure, a liability for Fiscal Year 2004 Effect on Retailers. This action is not payment error rates. Under the Food would be established. The amount of anticipated to have any impact on food Stamp Act, as amended, prior to the liability shall be equal to the stamp retailers. enactment of the Food Stamp product of: The value of all allotments Reauthorization Act of 2002, liability issued by the State agency in the Justification for Interim Rulemaking was determined each fiscal year. As (second or subsequent consecutive) This action is being finalized without defined in 7 CFR 275.23(e) of the fiscal year; multiplied by the difference prior notice or public comment under program regulations, the payment error between the State agency’s payment authority of 5 U.S.C. 553(b)(3)(A) and tolerance level was the national error rate and 6 percent; multiplied by (B). The provisions contained in this performance measure for the fiscal year. 10 percent. rule are mandated by sections 4118 and The national performance measure is In order to implement this change, we 4119 of the Food Stamp Reauthorization defined as the sum of the products of are revising 7 CFR 275.23(e). First, we Act of 2002. The Department has no each State agency’s payment error rate are deleting subsections (e)(2), (e)(3), discretion in implementing the specific times that State agency’s proportion of and (e)(4) because they address liability provisions contained in this rule. These the total value of national allotments determinations for prior fiscal years that provisions are effective for the Fiscal issued for the fiscal year using the most have already been resolved. Second, we Year 2003 review period beginning recent issuance data available at the are redesignating paragraph (e)(5) as October 1, 2002. The provisions time the State agency is notified of its paragraph (e)(2) and amending that included in this rule are mandated by payment error rate. A State agency that subsection by deleting the words ‘‘and legislation, and the Department has no exceeded this tolerance level was beyond’’ and replacing them with the discretion in the methodology subject to a liability claim equivalent to words ‘‘through Fiscal Year 2002.’’ establishing the national performance the total value of the allotments issued Finally, a new paragraph (e)(3) is being

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added that established the liability subject to reinvestment. Because the changes are being made to the system for Fiscal Year 2004 and beyond. Department is authorized to enter into a regulations. A conforming amendment is also being settlement with a State agency Section 4118 provides that if a State made redesignating paragraphs (e)(6), concerning the amount to be waived or agency appeals its liability (e)(7), (e)(8), (e)(9), (e)(10), and (e)(11) as reinvested, the Department may opt to determination, if the State agency began (e)(4), (e)(5), (e)(6), (e)(7), (e)(8), and enter into negotiations with the State required reinvestment activities prior to (e)(9). agency to waive any or all of the amount an appeal determination, and if the liability amount is reduced to $0 Resolving Liabilities designated for reinvestment. Current regulations specify the requirements for through the appeal, the Secretary shall Prior to the passage of the Food Stamp reinvestment. Any reinvestment plan pay to the State agency an amount equal Reauthorization Act of 2002, potential established for the amount designated to 50 percent of the new investment liabilities were established each year. for reinvestment either in the initial amount that was included in the The Secretary had unlimited authority letter or as a result of negotiations much liability amount subject to the appeal. If to propose a resolution, including: meet the requirements in 7 CFR the Secretary wholly prevails on a State waiving any or all of the amount; 275.23(e)(11). However, the law does agency’s appeal, section 4118 provides requiring that any or all of the amount not allow the Department to negotiate that the Secretary will require the State be repaid to the Federal government; any amount designated as at-risk, once agency to invest all or a portion of the entering into an agreement to allow that amount has been designated. amount designated for reinvestment some or all of the liability amount to be Therefore, the Department will not during the appeal to be reinvested or to reinvested in error reduction activities; negotiate with the State agency on the be repaid to the Federal government. or combining these options. Once amount designated as at-risk once the Section 4118 further specifies that if issuing a proposed settlement plan to a notification letter has been sent to the neither party wholly prevails that the State agency, the Secretary could State agency. The amount designated as remaining liability will be treated negotiate with the State agency to revise at-risk cannot be reconsidered for pursuant to regulations issued by the any and all aspects of the proposed waiving or reinvestment in the Secretary. In this rule, we are liability resolution. following year if a liability for payment incorporating into new § 275.23(e)(10) Section 4118 establishes new errors is established for the State agency the provisions in section 4118 requirements for resolving State agency in the following fiscal year. A new concerning either the Secretary or the liabilities for payment errors. Under the paragraph (e)(10) is being added to State wholly prevailing. We will address Food Stamp Act, as amended by the § 275.23 establishing the Secretary’s in a proposed rule how any remaining Food Stamp Reauthorization Act of authority to resolve the liabilities under liability will be handled if neither party 2002, the Secretary has the authority to wholly prevails on appeal. waive or reduce any liability. The these three options. Secretary may require a State agency to Appeals Time Frames for Announcing the reinvest up to 50 percent of the National Performance Measure and for established liability in activities In accordance with the Food Stamp Completing Quality Control Reviews designed to reduce the payment error Act, as amended, State agencies may and Resolving State/Federal Differences rate. The Secretary may also designate appeal the amount of the liability Section 4119 of the Food Stamp up to 50 percent of the liability as being established as described above. Reauthorization Act of 2002 establishes ‘‘at-risk.’’ A State agency would be However, State agencies may not appeal new dates for resolution of the case required to pay to USDA any money the Secretary’s decision as to how such review and arbitration process and for designated as ‘‘at-risk’’ if a liability for liability will be resolved; i.e., waived, issuance of the national average payment errors is established for the at-risk, or reinvestment. Nor is the payment error rate, the individual State State agency the following fiscal year. amount of the national performance final error rates, and the amounts of any The Secretary may combine these three measure subject to either administrative payments claimed or liability amounts options. In accordance with the Food or judicial appeal, in accordance with established. Under the Food Stamp Act Stamp Reauthorization Act of 2002, the section 4118 of the Food Stamp prior to the Food Stamp Reauthorization Department and any State agency found Reauthorization Act of 2002. The time Act of 2002, all case reviews and liable for an excessive payment error frames and procedures for appealing arbitration had to be completed not later rate must settle any waiver amount or were not changed by the Food Stamp than 180 days after the end of the fiscal reinvestment amount before the end of Reauthorization Act of 2002 and the year. FNS was required to announce the the fiscal year in which the liability is procedures in 7 CFR part 283 of the national average payment error rate, the determined. The amount designated as regulations remain in place. individual State final error rates, and being at-risk in the proposed settlement The Secretary is required to initiate the amounts of any liabilities within 30 plan sent to the State agency is not collection for any amount owed by the days following completion of the case subject to negotiation, in accordance State agency before the end of the fiscal reviews and arbitration. Under section with the provision in the Food Stamp year in which the liability is 4119, all case reviews and arbitration Reauthorization Act of 2002 which determined. However, the requirement are required to be completed by May 31 provides that the Department shall make to resolve all liabilities before the end of following the end of the fiscal year. The its liability resolution determinations the fiscal year shall be suspended if an national average payment error rate, the and enter into a settlement with the administrative appeal relating to the individual State final error rates, and State agency only with respect to any liability is pending. The provision the amounts of any payments claimed or waiver amount or new investment suspending collection pending an liability amounts established are amount (emphasis added). When the administrative appeal existed in the required to be announced by June 30 Department notifies the State agency of Food Stamp Act prior to the passage of following the end of the fiscal year. In its payment error rate and its potential the Food Stamp Reauthorization Act of accordance with section 4118, this rule liability, that letter will also designate 2002 and was not changed by that Act. also requires that FNS provide a copy of the amount to be waived, and what Current regulations address this each State agency’s notice of payment amount is designated as at risk and/or suspension, and accordingly, no claimed or liability amount due to the

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State’s chief executive officer and List of Subjects ■ d. Paragraph (e)(5) is redesignated as legislature. In this interim rulemaking, paragraph (e)(2) and is further amended 7 CFR Part 272 we are revising redesignated paragraph by removing the words ‘‘and beyond’’ in (e)(7) in § 275.23 to establish these new Alaska, Civil rights, Claims, Food the paragraph heading and adding in dates. Redesignated paragraph (e)(7) stamps, Grant programs, Social their place the words ‘‘through Fiscal also requires FNS to provide the State programs, Reporting and recordkeeping Year 2002’’. chief executive officer and the requirements, Unemployment ■ e. Newly redesignated paragraph legislature with a copy of the State’s compensation, Wages (e)(2)(i) is amended by removing the notice of payment claimed or liability 7 CFR Part 275 words ‘‘and subsequent years’’ and amount. At this time we are not revising adding in their place the words ‘‘through the time frames for processing Administrative practice and Fiscal Year 2002’’; and further amended individual cases or conducting procedure, Food stamps, Reporting and by removing the word ‘‘rates’’ in the individual arbitration cases. recordkeeping requirements. second sentence and adding in its place Implementing guidance was issued on ■ Accordingly, 7 CFR parts 272 and 275 the word ‘‘rate’’. January 22, 2003, providing interim are amended as follows: ■ f. A new paragraph (e)(3) is added. direction to State agencies on ■ 1. The authority citation for parts 272 ■ g. Paragraphs (e)(6), (e)(7), (e)(8), (e)(9), completing cases reviews under these and 275 continue to read as follows: (e)(10), and (e)(11) are redesignated as new time frames for Fiscal Year 2003. A Authority: 7 U.S.C. 2011–2036. paragraphs (e)(4), (e)(5), (e)(6), (e)(7), proposed rule will be issued that (e)(8) and (e)(9), respectively. addresses these issues. PART 272—REQUIREMENTS FOR ■ h. Newly redesignated paragraph PARTICIPATING STATE AGENCIES (e)(5)(i)(B)(3) is amended by removing Corrective Action Planning ■ the reference ‘‘(e)(7)(i)(A)’’ and adding in Current regulations provide that 2. In § 272.1, add paragraph (g)(169) to its place the reference ‘‘(e)(5)(i)(A)’’. corrective action planning shall be done read as follows: ■ i. Newly redesignated paragraph by a State agency when it fails to reach § 272.1 General terms and conditions. (e)(5)(i)(C)(3)(iii) is amended by the yearly target (§ 275.16(b)(1)), when * * * * * removing the reference ‘‘(e)(5)(i)’’ the State agency is not entitled to (g) Implementation. *** wherever it appears and adding in its enhanced funding (§ 275.16(b)(2)), or (169) Amendment No. 395. The place the reference ‘‘(e)(2)(i)’’. when the State agency’s negative case provisions of Amendment 395 are ■ j. Newly redesignated paragraph error rate exceeds one percent effective December 15, 2003. (e)(5)(i)(E) is amended by removing the (§ 275.16(b)(3)). Section 4118 of the reference ‘‘(e)(7)(i)(A) through Food Stamp Reauthorization Act of PART 275—PERFORMANCE (e)(7)(i)(D)’’ and adding in its place the 2002 requires State agencies to do REPORTING SYSTEM reference ‘‘(e)(5)(i)(A) through corrective action planning whenever its (e)(5)(i)(D)’’. payment error rate is six percent or § 275.3 [Amended] ■ k. Newly redesignated paragraph greater. Accordingly, we are revising ■ 3. In § 275.3, the last sentence of (e)(5)(i)(E)(2) is amended by removing § 275.16(b)(1) to require corrective paragraph (c) is amended by removing the reference ‘‘(e)(7)(i)(E)’’ and adding in action planning whenever a State the reference ‘‘§ 275.23(e)(8)’’ and its place the reference ‘‘(e)(5)(i)(E)’’. agency’s error rate equals or exceeds six adding in its place the reference ■ l. Newly redesignated paragraph percent. This change will have little real ‘‘§ 275.23(e)(6)’’. (e)(5)(ii) is amended by removing the impact on State agencies because reference ‘‘(e)(7)(i)(A) through current regulations require corrective § 275.11 [Amended] (e)(7)(i)(E)’’ and adding in its place the action planning whenever a State ■ 4. In § 275.11, the third sentence of reference ‘‘(e)(5)(i)(A) through agency is not eligible for enhanced paragraph § 275.11(g) is amended by (e)(5)(i)(E)’’. funding. One of the criteria for removing the reference ‘‘§ 275.25(e)(8)’’ ■ m. Newly redesignated paragraph enhanced funding is that the payment and adding in its place the reference (e)(5)(iii) is amended by removing the error rate is below 5.90 percent. ‘‘§ 275.23(e)(6)’’. reference ‘‘(e)(7)’’ and adding in its place Therefore, all State agencies with error ■ 5. In § 275.16, paragraph (b)(1) is the reference ‘‘(e)(5)’’. rates above 5.90 percent are already revised to read as follows: ■ n. Newly redesignated paragraph required to develop corrective action (e)(6)(i)(D) is amended by removing the plans. § 275.16 Corrective action planning. reference ‘‘(e)(8)(iii)’’ and adding in its In addition several technical changes * * * * * place the reference ‘‘(e)(6)(iii)’’. throughout 7 CFR part 275 have been (b) * * * ■ o. Newly redesignated paragraphs made to correct references to paragraphs (1) Result from a payment error rate (e)(6)(iii)(A) and (e)(6)(iii)(B) are changed in this rulemaking and to fix of 6 percent or greater (actions to correct amended by removing the reference typographical errors. errors in individual cases, however, ‘‘(e)(8)(i)(C)’’ wherever it appears and shall not be submitted as part of the adding in its place the reference Implementation State agency’s corrective action plan); ‘‘(e)(6)(i)(C)’’. This rule is effective December 15, * * * * * ■ p. Newly redesignated paragraph (e)(7) 2003. Section 4118 of the Food Stamp ■ 6. In § 275.23: is amended by removing the first and Reauthorization Act of 2002 was ■ a. Paragraph (d)(1)(iii) is amended by second sentences and adding in their effective October 1, 2002, and section removing the reference ‘‘(e)(8)(iii)’’ and place four new sentences. 4119 was effective upon enactment, adding in its place the reference ■ q. Newly redesignated paragraph (e)(8) May 13, 2002. This rule reflects these ‘‘(e)(6)(iii)’’. is amended by removing the reference statutory provisions which impact the ■ b. Paragraph (e)(1) is amended by ‘‘§ 275.23(e)(5)’’ and adding in its place establishment of payment error rates, removing the reference ‘‘(e)(8)’’ and the reference ‘‘paragraphs (e)(2) and the national performance measure, and adding in its place the reference ‘‘(e)(6)’’. (e)(3) of this section’’. sanctions and liabilities for Fiscal Year ■ c. Paragraphs (e)(2), (e)(3), and (e)(4) ■ r. Newly redesignated paragraph (e)(9) 2003 and beyond. are removed. is amended by removing the words ‘‘and

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subsequent’’ in the first sentence and (10) Resolution of liabilities for FY (Committee) for the 2003–04 and adding in their place the words ‘‘through 2003 and beyond. FNS may: waive all subsequent fiscal periods from $0.0026 Fiscal Year 2002’’. or a portion of the liability; require the to $0.0045 per hundredweight of ■ s. Newly redesignated paragraph State agency to reinvest up to 50 percent potatoes handled. The Committee (e)(9)(iii) is amended by removing the of the liability in activities to improve locally administers the marketing order reference ‘‘(e)(11)(vi)’’ and adding in its program administration, which new which regulates the handling of Irish place the reference ‘‘(e)(9)(vi)’’. investment money shall not be matched potatoes grown in certain designated ■ t. A new paragraph (e)(10) is added. by Federal funds; designate up to 50 counties in Idaho, and Malheur County, The additions read as follows: percent of the liability as ‘‘at-risk’’ for Oregon. Authorization to assess potato repayment if a liability is established handlers enables the Committee to incur § 275.23 Determination of State agency based on the State agency’s payment expenses that are reasonable and program performance. error rate for the subsequent fiscal year; appropriate to administer the program. * * * * * or assert any combination of these The fiscal period began August 1 and (e) * * * options. Once FNS establishes its ends July 31. The increased assessment (3) Establishment of payment error proposed liability resolution plan, the rate will remain in effect indefinitely rates and liability. For Fiscal Year 2003 amount assigned as at-risk is not subject unless modified, suspended, or and subsequent years, FNS shall to settlement negotiation between FNS terminated. announce a national performance and the State agency and may not be EFFECTIVE DATE: October 17, 2003. measure not later than June 30 after the reduced unless an appeal decision FOR FURTHER INFORMATION CONTACT: end of the fiscal year. The national revises the total dollar liability. FNS and Barry Broadbent, Northwest Marketing performance measure is the sum of the the State shall settle any waiver amount Field Office, Marketing Order products of each State agency’s error or reinvestment amount before the end Administration Branch, Fruit and rate times that State agency’s proportion of the fiscal year in which the liability Vegetable Programs, AMS, USDA, 1220 of the total value of national allotments amount is determined unless an SW Third Avenue, Suite 385, Portland, issued for the fiscal year using the most administrative appeal relating to the Oregon 97204–2807; Telephone: (503) recent issuance data available at the claim is pending. If a State agency 326–2724, Fax: (503) 326–7440 or E- appeals its liability determination, if the time the State agency is notified of its mail: [email protected]; or State agency began required payment error rate. Once announced, George Kelhart, Technical Advisor, reinvestment activities prior to an the national performance measure for a Marketing Order Administration appeal determination, and if the liability given fiscal year will not be subject to Branch, Fruit and Vegetable Programs, amount is reduced to $0 through the change. The national performance AMS, USDA, 1400 Independence appeal, FNS shall pay to the State measure announced under this Avenue SW., STOP 0237, Washington, agency an amount equal to 50 percent paragraph (e)(3) is not subject to DC 20250–0237; Telephone: (202) 720– of the new investment amount that was administrative or judicial review. 2491, Fax: (202) 720–8938. Liability for payment shall be included in the liability amount subject Small businesses may request established for Fiscal Year 2004 and to the appeal. If FNS wholly prevails on information on complying with this beyond whenever there is a 95 percent a State agency’s appeal, FNS will regulation by contacting Jay Guerber, statistical probability that, for the require the State agency to invest all or Marketing Order Administration second or subsequent consecutive fiscal a portion of the amount designated for Branch, Fruit and Vegetable Programs, year, a State agency’s payment error rate reinvestment during the appeal to be AMS, USDA, 1400 Independence exceeds 105 percent of the national reinvested or to be repaid to the Federal Avenue SW., STOP 0237, Washington, performance measure. The amount of government. DC 20250–0237; Telephone: (202) 720– the liability shall be equal to the Dated: October 3, 2003. 2491, Fax: (202) 720–8938, or E-mail: product of: Eric M. Bost, [email protected]. (i) The value of all allotments issued Under Secretary, Food, Nutrition, and SUPPLEMENTARY INFORMATION: This rule by the State agency in the (second or Consumer Services. subsequent consecutive) fiscal year; is issued under Marketing Agreement [FR Doc. 03–26176 Filed 10–15–03; 8:45 am] No. 98 and Marketing Order No. 945, multiplied by BILLING CODE 3410–30–P (ii) the difference between the State both as amended (7 CFR part 945), agency’s payment error rate and 6 regulating the handling of Irish potatoes grown in certain designated counties in percent; multiplied by DEPARTMENT OF AGRICULTURE (iii) 10 percent. Idaho, and Malheur County, Oregon, Agricultural Marketing Service hereinafter referred to as the ‘‘order’’. * * * * * The order is effective under the (7) * * * The case review process and 7 CFR Part 945 Agricultural Marketing Agreement Act the arbitration of all difference cases of 1937, as amended (7 U.S.C. 601–674), shall be completed by May 31 following [Docket No. FV03–945–1 FR] hereinafter referred to as the ‘‘Act’’. the end of the fiscal year. FNS shall The Department of Agriculture determine and announce the national Irish Potatoes Grown in Certain (USDA) is issuing this rule in average payment error rate for the fiscal Designated Counties in Idaho, and conformance with Executive Order year by June 30 following the end of the Malheur County, Oregon; Increased 12866. fiscal year. At the same time FNS shall Assessment Rate This rule has been reviewed under notify all State agencies of their AGENCY: Agricultural Marketing Service, Executive Order 12988, Civil Justice individual payment error rates and USDA. Reform. Under the marketing order now payment error rate liabilities, if any. ACTION: Final rule. in effect, Idaho-Eastern Oregon potato FNS shall provide a copy of each State handlers are subject to assessments. agency’s notice to its respective chief SUMMARY: This rule increases the Funds to administer the order are executive officer and legislature. * * * assessment rate established for the derived from such assessments. It is * * * * * Idaho-Eastern Oregon Potato Committee intended that the assessment rate as

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issued herein will be applicable to all that would continue in effect from fiscal income at the issued assessment rate. assessable potatoes beginning on August period to fiscal period unless modified, This income should be adequate to 1, 2003, and continue until amended, suspended, or terminated by USDA cover budgeted expenses. The suspended, or terminated. This rule will upon recommendation and information Committee estimated monetary reserves not preempt any State or local laws, submitted by the Committee or other to be approximately $33,000 at the regulations, or policies, unless they information available to USDA. beginning of the 2003–04 fiscal period. present an irreconcilable conflict with The Committee met on June 16, 2003, The reserves could potentially increase this rule. and unanimously recommended 2003– to $51,933 by the fiscal period end. The The Act provides that administrative 04 expenditures of $149,417 and an order permits an operating reserve in an proceedings must be exhausted before assessment rate of $0.0026 per amount not to exceed approximately parties may file suit in court. Under hundredweight of potatoes handled, the one fiscal period’s budgeted expenses section 608c(15)(A) of the Act, any same rate currently in effect. The (§ 945.44). Funds held in reserve will be handler subject to an order may file Committee estimated the 2003–04 kept within the maximum permitted by with USDA a petition stating that the potato shipments at 36,500,000 the order. order, any provision of the order, or any hundredweight, which would generate The assessment rate established in obligation imposed in connection with $94,900 in assessment revenue. At that this rule will continue in effect the order is not in accordance with law meeting, the Committee discussed indefinitely unless modified, and request a modification of the order increasing the assessment rate to suspended, or terminated by USDA or to be exempted therefrom. Such respond to rising Committee expenses, upon recommendation and information handler is afforded the opportunity for declining assessment revenue, and submitted by the Committee or other a hearing on the petition. After the shrinking operating reserves. After available information. hearing USDA would rule on the discussion, the Committee postponed Although this assessment rate will be petition. The Act provides that the any action until later in the fiscal in effect for an indefinite period, the district court of the United States in any period, believing that assessment Committee will continue to meet prior district in which the handler is an revenue and operating reserves were to or during each fiscal period to inhabitant, or has his or her principal sufficient to maintain Committee recommend a budget of expenses and place of business, has jurisdiction to operations through the fiscal period. consider recommendations for review USDA’s ruling on the petition, The Committee conducted a modification of the assessment rate. The provided an action is filed not later than telephone vote on July 18, 2003, and dates and times of Committee meetings 20 days after the date of the entry of the unanimously recommended a revised are available from the Committee or ruling. budget of $145,317 (down from USDA. Committee meetings are open to This rule increases the assessment $149,417) and to raise the assessment the public and interested persons may rate established for the Committee for rate to $0.0045 per hundredweight of express their views at these meetings. the 2003–04 and subsequent fiscal potatoes handled (up from $0.0026). In USDA will evaluate Committee periods from $0.0026 to $0.0045 per comparison, last fiscal period’s recommendations and other available hundredweight of potatoes handled. budgeted expenditures were $137,094. information to determine whether Section 945.40 of the order provides The recommended assessment rate is modification of the assessment rate is authority for the Committee, with the $0.0019 higher than the rate currently in needed. Further rulemaking would be approval of the Secretary, to incur effect. The increase is necessary to offset undertaken as necessary. The reasonable expenses for its maintenance an increase in salaries and operating Committee’s 2003–04 budget and those and functioning. Section 945.41 requires expenses, declining potato shipments, for subsequent fiscal periods would be the Committee to formulate an annual and the depletion of operating reserves. reviewed and, as appropriate, approved budget estimating its income and This major expenditures by USDA. expenditures for the upcoming fiscal recommended by the Committee for the year and to present such budget to the 2003–04 fiscal period include $95,067 Final Regulatory Flexibility Analysis Secretary for approval. Section 945.42(a) for salaries and benefits, $16,500 for Pursuant to requirements set forth in authorizes the Committee to assess transportation, $13,500 for travel, the Regulatory Flexibility Act (RFA), the handlers for their pro rata share of such $6,800 for rent and utilities, and $4,800 Agricultural Marketing Service (AMS) expenses and § 945.42(b) provides that for office expenses. Budgeted expenses has considered the economic impact of the rate of assessment be set by the for these items in 2002–2003 were this rule on small entities. Accordingly, Secretary based on the recommendation $92,144, $9,000, $14,000, $6,300, and AMS has prepared this final regulatory of the Committee. The members of the $6,500, respectively. The transportation flexibility analysis. Committee are producers and handlers budget item covers the purchase of a The purpose of the RFA is to fit of potatoes grown in Idaho and Eastern new Committee vehicle and all of the regulatory actions to the scale of Oregon. They are familiar with the operating and maintenance costs business subject to such actions in order Committee’s needs and with the costs associated with it. The manager uses a that small businesses will not be unduly for goods and services in their local area Committee vehicle for handler or disproportionately burdened. and are therefore in a position to compliance visits throughout the Marketing orders issued pursuant to the formulate an appropriate budget and season, and other authorized Committee Act, and the rules issued thereunder, are assessment rate. The assessment rate activities. Travel covers the cost of unique in that they are brought about was discussed in a public meeting travel, lodging, and meals for the through group action of essentially before the Committee members voted to Committee manager and members when small entities acting on their own recommend an increase. Thus, all attending Committee meetings and behalf. Thus, both statutes have small directly affected persons have an conventions involving Committee entity orientation and compatibility. opportunity to participate and provide authorized business. There are approximately 900 input. The Committee estimates potato producers of potatoes in the production For the 1996–97 and subsequent fiscal shipments for the 2003–04 fiscal period area and approximately 54 handlers periods, the Committee recommended, at 36,500,000 hundredweight, which subject to regulation under the and USDA approved, an assessment rate should provide $164,250 in assessment marketing order. Small agricultural

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producers are defined by the Small hundredweight for the 2003–04 fiscal This rule imposes no additional Business Administration (13 CFR period, the projected income for the reporting or recordkeeping requirements 121.201) as those having annual receipts 2003–04 fiscal period would be $94,900. on either small or large Idaho-Eastern of less than $750,000, and small This amount, along with the projected Oregon potato handlers. As with all agricultural service firms are defined as reserve of $33,000, is approximately Federal marketing order programs, those whose annual receipts are less $19,417 less than required to fund the reports and forms are periodically than $5,000,000. proposed 2003–04 budget and $9,194 reviewed to reduce information Based on a three-year average fresh less than the 2002–03 budgeted amount. requirements and duplication by potato production of 35,448,000 Thus, the Committee believes that the industry and public sector agencies. hundredweight as calculated from projected assessment income at the USDA has not identified any relevant Committee records, a three-year average current assessment rate and funds held Federal rules that duplicate, overlap, or of producer prices of $6.10 per in reserve would not be sufficient to conflict with this rule. hundredweight reported by the National fund the Committee’s operations A proposed rule concerning this Agricultural Statistics Service, and 900 without increasing the assessment rate. action was published in the Federal Idaho-Eastern Oregon potato producers, At the recommended rate of $0.0045 Register on August 28, 2003 (68 FR the average annual producer revenue is per hundredweight (assessment income 51713). Copies of the proposed rule approximately $240,259. It can be of $164,250) and expenditures of concluded, therefore, that most of these $145,317, the Committee may increase were also mailed or sent via facsimile to producers may be classified as small its reserve by up to $18,933. The all potato handlers. Finally, the entities. projected reserve would be proposal was made available through In addition, based on Committee approximately $51,933 on July 31, 2004, the Internet by the Office of the Federal records and 2002–03 f.o.b. shipping which the Committee determined to be Register and USDA. A 15-day comment point prices ranging from $5.00 to both appropriate and acceptable. period ending September 12, 2003, was $35.00 per hundredweight reported by The Committee considered alternate provided for interested persons to USDA’s Market News Service, many levels of assessment but determined that respond to the proposal. No comments Idaho-Eastern Oregon potato handlers increasing the assessment rate to were received. may ship over $5,000,000 worth of $0.0045 per hundredweight will allow A small business guide on complying potatoes. In view of the foregoing, few the Committee to adequately fund with fruit, vegetable, and specialty crop of the handlers may be classified as operations and replenish the reserve to marketing agreements and orders may small entities as defined by the SBA. an acceptable level. The Committee be viewed at: http://www.ams.usda.gov/ This rule increases the assessment decided that any assessment rate fv/moab.html. Any questions about the rate established for the Committee and between $0.0026 per hundredweight compliance guide should be sent to Jay collected from handlers for the 2003–04 and $0.0045 per hundredweight would Guerber at the previously mentioned and subsequent fiscal periods from not be sufficient to accomplish the address in the FOR FURTHER INFORMATION $0.0026 to $0.0045 per hundredweight Committee’s goals. Prior to arriving at CONTACT section. of potatoes handled. The Committee the budget and assessment rate After consideration of all relevant unanimously recommended 2003–04 recommendations, the Committee material presented, including the expenditures of $145,317 and an considered information from various information and recommendation assessment rate of $0.0045 per sources, including the Committee’s submitted by the Committee and other hundredweight. The proposed Finance and Executive Committees. available information, it is hereby found assessment rate is $0.0019 per A review of historical information and that this rule, as hereinafter set forth, hundredweight higher than the 2002–03 preliminary information pertaining to will tend to effectuate the declared rate. The quantity of assessable potatoes the upcoming fiscal period indicates policy of the Act. for the 2003–04 fiscal period is that the producer price for the 2003–04 Pursuant to 5 U.S.C. 553, it is also fiscal period could range between $4.50 estimated to be 36,500,000 found and determined that good cause and $6.00 per hundredweight of hundredweight. Income derived from exists for not postponing the effective potatoes. Therefore, the estimated handler assessments (approximately date of this rule until 30 days after assessment revenue as a percentage of $164,250) should be adequate to cover publication in the Federal Register total producer revenue could range budgeted expenses. because the 2003–2004 fiscal period The major expenditures between 0.1 and 0.075 percent. began on August 1, and the marketing recommended by the Committee for the This action increases the assessment order requires that the rate of 2003–04 fiscal period include $95,067 obligation imposed on handlers. While assessment for each fiscal period apply for salaries and benefits, $16,500 for assessments impose some additional to all assessable Idaho-Eastern Oregon transportation, $13,500 for travel, costs on handlers, the costs are minimal potatoes handled during such fiscal $6,800 for rent and utilities, and $4,800 and uniform on all handlers. Some of period. Further, handlers are aware of for office expenses. Budgeted expenses the additional costs may be passed on this rule which was unanimously for these items in 2002–2003 were to producers. However, these costs are recommended by the Committee. Also, $92,144, $9,000, $14,000, $6,300, and offset by the benefits derived by the a 15-day comment period was provided $6,500, respectively. operation of the marketing order. In The assessment rate increase is addition, the Committee’s meeting was for in the proposed rule, and no necessary to offset increases in salaries widely publicized throughout the Idaho- comments were received. and operating expenses, declining Eastern Oregon potato industry and all List of Subjects in 7 CFR Part 945 potato shipments, and the depletion of interested persons were invited to operating reserves. The Committee attend the meeting and participate in Marketing agreements, Potatoes, estimated the reserve to be $33,000 at Committee deliberations on all issues. Reporting and recordkeeping the 2002–03 fiscal period end. At the Like all Committee meetings, the June requirements. current rate of $0.0026 per 16, 2003, meeting was a public meeting ■ For the reasons set forth in the hundredweight, and the estimated and all entities, both large and small, preamble, 7 CFR part 945 is amended as potato production of 36,500,000 were able to express views on this issue. follows:

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PART 945—POTATOS GROWN IN SUPPLEMENTARY INFORMATION: importation of swine and to restrict the importation of pork and pork products DESIGNATED COUNTIES IN IDAHO, Background AND MALHEUR COUNTY, OREGON from East Anglia, or whether we could The regulations in 9 CFR part 94 restore East Anglia to the list of regions ■ 1. The authority citation for 7 CFR part (referred to below as the regulations) in which CSF is not known to exist. 945 continues to read as follows: govern the importation of certain We solicited comments concerning Authority: 7 U.S.C. 601–674. animals and animal products into the the interim rule for 60 days ending ■ 2. Section 945.249 is revised to read as United States in order to prevent the November 20, 2000. We received one follows: introduction of various animal diseases, comment by that date, from a national including rinderpest, foot-and-mouth pork industry association. This § 945.249 Assessment rate. disease, African swine fever, classical comment is addressed below. On and after August 1, 2003, an swine fever (CSF), and swine vesicular On March 13, 2003, we published a assessment rate of $0.0045 per disease. These are dangerous and notice in the Federal Register (68 FR hundredweight is established for Idaho- destructive communicable diseases of 11998–11999, Docket No. 00–080–2) in Eastern Oregon potatoes. ruminants and swine. Section 94.9 of which we advised the public of the the regulations restricts the importation availability of an evaluation that we had Dated: October 9, 2003. into the United States of pork and pork prepared concerning the CSF status of A.J. Yates, products from regions where CSF is East Anglia. The evaluation, entitled Administrator, Agricultural Marketing known to exist. Section 94.10 of the ‘‘APHIS Evaluation of the Classical Service. regulations prohibits, with certain Swine Fever Status of East Anglia [FR Doc. 03–26177 Filed 10–15–03; 8:45 am] exceptions, the importation of swine (counties of Norfolk, Suffolk, and Essex) BILLING CODE 3410–02–P that originate in or are shipped from or November 2002,’’ assessed the CSF transit any region in which CSF is status of East Anglia and the related known to exist. The regulations in disease risks associated with importing DEPARTMENT OF AGRICULTURE §§ 94.9(a) and 94.10(a) provide that CSF animals and animal products into the exists in all regions of the world except United States from East Anglia. Animal and Plant Health Inspection for certain regions listed in those We solicited comments concerning Service sections. the evaluation for 60 days ending May In an interim rule effective August 4, 12, 2003, and received one comment by 9 CFR Part 94 2000, and published in the Federal that date. The comment, which was [Docket No. 00–080–3] Register on September 20, 2000 (65 FR submitted by a national pork industry 56774–56775, Docket No. 00–080–1), we association, was a resubmission of the Change in Disease Status of East amended the regulations by removing comment sent by that organization in Anglia With Regard to Classical Swine East Anglia (a region of England that response to the September 2000 interim Fever includes Essex, Norfolk, and Suffolk rule. The comment is discussed below. counties) from the lists of regions AGENCY: Animal and Plant Health considered to be free of CSF (which, at De Facto Regionalization Inspection Service, USDA. the time, we referred to as hog cholera). Comment: The Animal and Plant ACTION: Final rule. That action was necessary because CSF Health Inspection Service (APHIS) had been confirmed in East Anglia. The should have followed its regulations in SUMMARY: We are amending the effect of the interim rule was to restrict 9 CFR part 92 in the initial rulemaking regulations governing the importation of the importation of pork and pork to remove East Anglia from the list of certain animals, meat, and other animal products and to prohibit the importation regions recognized as free of CSF. In products by restoring East Anglia, a of swine into the United States from that rulemaking, APHIS established East region of England that includes the East Anglia. Anglia, England, as a region affected counties of Essex, Norfolk, and Suffolk, Although we removed East Anglia with CSF, and continued to recognize to the list of regions considered free of from the list of regions considered to be the rest of Great Britain as free of that classical swine fever. This final rule free of CSF, we recognized that Great disease. There are several specific follows an interim rule that removed Britain’s Ministry of Agriculture, procedures set forth in part 92 that East Anglia from that list due to the Fisheries and Food (now part of the APHIS should be following. These are: detection of classical swine fever in that Department for Environment, Food, and (1) That APHIS will make information region. Based on the results of an Rural Affairs) immediately responded to submitted in support of a request for evaluation of the current classical swine the detection of CSF by initiating regionalization available to the public fever situation in East Anglia, we have measures to eradicate the disease. In prior to rulemaking; (2) that APHIS will determined that East Anglia can be addition, disease spread was contained publish a proposed rule for public restored to the list of regions considered within East Anglia. Therefore, we comment; and (3) that during the to be free of classical swine fever. This limited the effect of our interim rule to comment period, the public will have rule relieves certain classical swine East Anglia. We also stated that we access to the information upon which fever-related prohibitions and intended to reassess the situation in the APHIS based its risk analysis, as well as restrictions on the importation of swine region at a future date in the context of to the methodology used to conduct the and swine products into the United Office International des Epizooties (OIE) analysis. States from East Anglia. standards, and that as part of that Response: The regulations in 9 CFR EFFECTIVE DATE: October 16, 2003. reassessment process, we would part 92, ‘‘Importation of Animals and FOR FURTHER INFORMATION CONTACT: Dr. consider all comments received Animal Products; Procedures for Charisse Cleare, Senior Staff regarding the interim rule. Requesting Recognition of Regions,’’ Veterinarian, National Center for Import Additionally, we stated in the interim were published in October 1997 in and Export, VS, APHIS, 4700 River rule that the future reassessment would conjunction with APHIS’ policy on Road Unit 38, Riverdale, MD 20737– enable us to determine whether it was regionalization (see Docket No. 94–106– 1231; (301) 734–4356. necessary to continue to prohibit the 8, 62 FR 56027–56033, October 28,

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1997). The regulations set out the information about the region, including does not supercede or change U.S. process by which a foreign government information on the authority, statutory or regulatory law regarding may apply to have all or part of a organization, and infrastructure of the regionalization. Thus, APHIS should country recognized as a region or for veterinary services organization of the have followed its procedures in part 92 approval to export animals or animal region; the extent to which movement of in regionalizing East Anglia for CSF. products to the United States under animals and animal products is Response: The action that we took conditions based on the risk associated controlled from regions of higher risk, regarding East Anglia was not related to with animals or animal products from and the level of biosecurity for such the VEA. As noted elsewhere in this that region. Our intention was for these movements; livestock demographics and document, we believe our action was regulations to tell veterinary officials of marketing practices in the region; the consistent with our regulations and foreign governments that have different type and extent of disease surveillance statutory authority, neither of which risk levels within the country or conducted in the region; diagnostic was affected by the VEA. extending across national boundaries laboratory capabilities in the region; and Inconsistency With Other and that wish to begin exporting the region’s policies and infrastructure Regionalization Requests animals or animal products to the for animal disease control, i.e., the United States how to request an initial region’s emergency response capacity. Comment: APHIS has received evaluation of animal disease status or This information provided the basis for requests from the EU to recognize conditions for import of commodities. our previous recognition of the region as certain regions in the EU as free of We did not intend for these regulations free of the disease. Our obligations specified animal diseases, but has not to apply in circumstances where an under international trade agreements yet made any decisions or changes to outbreak of a disease in a region compel us to take no more restrictive the regulations based on these requests. previously recognized as disease-free, or actions than necessary to prevent the How was APHIS able to reach a decision an increased incidence of disease in a introduction of disease. Unless we about the disease-free status of Great foreign region makes it necessary for the determine that this information is no Britain with the exception of East United States to take interim measures longer reliable, it should provide a Anglia while the other regionalization to protect its livestock from the foreign rational basis for believing that the requests it had received from the EU animal disease. In these cases, APHIS region can effectively control an have been under consideration since must take immediate action to prohibit outbreak within a smaller region. June 1999? Response: The request that we or restrict imports from the region that Unjustified Emergency Action received from the EU related to a much now presents a disease concern, and the Comment: While the CSF outbreak in larger region that was not already scope of that action may be limited to East Anglia presented an emergency recognized as free of CSF. In addition, the portion of the region that presents situation justifying the issuance of an that request related to establishing a the disease risk. Such action may interim rule in order to protect against single region composed of multiple include publishing an interim rule to the introduction of CSF into the United countries, some of which continue to provide an appropriate basis for States, the specific action APHIS took experience outbreaks of CSF. Immediate enforcing prohibitions or restrictions was not justified. The emergency action at a regional level was not that may initially be announced situation only justified an interim rule necessary in the case of the EU as it was administratively. In these removing all of Great Britain from the for East Anglia. The amount of time circumstances, APHIS has a list of CSF-free regions, and any action necessary to reach a decision in these responsibility to take whatever with respect to regionalizing East Anglia two situations is not comparable measures appear necessary to prevent should have been handled according to because the two situations are not the introduction of disease. We believe the procedures in § 92.2. comparable. that publishing a proposed rule for Response: As explained previously, One factor that influenced the comment would be contrary to the we believe that it was appropriate to comparative speed of the evaluation of public interest because doing so would limit the scope of our action to the Great Britain in comparison with the delay our taking protective actions. We specific region of East Anglia, given the evaluation of other EU regions was that also believe that making the information specific disease situation and the Great Britain was already recognized upon which we base our decisions for extensive information we already individually as disease-free. In establishing a region via an interim rule possessed about East Anglia and Great comparison, other EU regions under available to the public for comment Britain as a whole. Given these factors, consideration were not previously prior to publishing the interim rule we are confident that we had sufficient recognized as disease-free, and several would also be contrary to the public justification for taking action with of these regions continue to experience interest for the same reason. In the case respect to East Anglia on an emergency periodic outbreaks of CSF. In addition, of East Anglia, we felt that risk basis to protect against the introduction our long-standing trade relationship considerations justified our of CSF into the United States. We with Great Britain provided us with the regionalization approach. However, we believe that any action to remove all of information necessary to reach a understand the commenter’s concerns, Great Britain from the list of CSF-free decision about the disease status of the and we have taken actions to address regions would have been unnecessary entire country. This particular outbreak them. One of the actions we took in this and unjustified. was a temporary emergency situation case was the preparation of a risk that was ultimately limited to 16 sites in Veterinary Equivalency Agreement assessment on the disease status of East a particular region of the country and Anglia, which we made available to the Comment: The Veterinary was contained and eradicated quickly. public for comment prior to this final Equivalency Agreement (VEA) signed by rule. the United States and the European Future Procedures We took action at a regional level in Union (EU), which includes provisions Comment: Veterinary infrastructure the case of East Anglia because we concerning the recognition of and animal health authorities of the believed that the disease situation regionalization decisions taken by the United Kingdom are highly professional warranted it. We already had extensive parties with respect to certain diseases, and extremely conscientious, and

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APHIS confidence in them is well- control, i.e., the region’s emergency related prohibitions and restrictions on founded. APHIS was also correct in its response capacity. the importation of swine and other decision to take action in order to We will continue to take immediate products of swine into the United States protect against the introduction of CSF action to protect U.S. livestock by from East Anglia that are no longer into the United States. However, it is prohibiting or restricting imports of necessary. Therefore, the Administrator possible that APHIS might take similar animals and animal products from of the Animal and Plant Health action in the future (i.e., prohibit or regions that experience outbreaks of Inspection Service has determined that restrict the movement of animals and specified animal diseases. this rule should be effective upon We will continue to reassess the animal products from particular regions publication in the Federal Register. within a disease-free country rather than disease status of each region in the from the entire country) with countries context of the standards of the OIE and Executive Order 12866 and Regulatory whose veterinary infrastructures are not additional relevant information, and Flexibility Act as adequate as that of the United will continue to consider all public Kingdom. Thus, APHIS should clarify comments we receive regarding any This rule has been reviewed under the regionalization procedures it intends action that we take. Although we do Executive Order 12866. For this action, to follow in the future. Further, in the take international standards such as the Office of Management and Budget interim rule, APHIS stated that it those of the OIE into consideration, we has waived its review under Executive intended to reassess the disease conduct independent risk assessments Order 12866. situation in East Anglia in accordance using our own stringent criteria. We do We are amending the regulations with the standards of the OIE to not base our decisions about the governing the importation of certain determine whether it is necessary to disease-free status of regions or animals, meat, and other animal continue to prohibit or restrict the countries on the decisions of the OIE. products by restoring East Anglia, a The commenter is correct that our importation of animals and animal region of England that includes the products from that region. This stated intent to reassess situations such as the one in East Anglia in accordance counties of Essex, Norfolk, and Suffolk, statement suggests that APHIS intends with the standards of the OIE means to the list of regions considered free of at some future time to declare these that we intend to declare regions free of CSF. This final rule follows an interim regions free of the specified disease specified diseases without following the rule that removed East Anglia from that without following the process set forth process set forth in § 92.2. Rather, we list due to the detection of CSF in that in § 92.2. Finally, does APHIS’ stated will follow the process described in the region. Based on the results of an intent to reassess the situation in previous paragraphs. As stated evaluation of the current CSF situation accordance with the standards of the previously, part 92 was not specifically in East Anglia, we have determined that OIE mean that APHIS plans to wait until intended to apply to the type of East Anglia can be restored to the list of East Anglia had completed the 6-month situation dealt with in the interim rule regions considered to be free of CSF. disease-free waiting period prescribed that removed East Anglia from the list This rule relieves certain CSF-related by the OIE before it considered the of CSF-free regions. An interim rule of prohibitions and restrictions on the region disease-free? that type is intended to be just that, an importation of swine and other products Response: We wish to note that we ‘‘interim’’ or ‘‘temporary’’ measure of swine into the United States from have developed a uniform set of which provides the immediate East Anglia. procedures to be followed when a protection necessary for animal health region that we recognize as free of The economic effects of this rule on purposes. Interim rules of this type give U.S. entities will depend upon the disease experiences an outbreak of that APHIS an opportunity to evaluate the number of swine and the quantity of disease. These procedures, which are effectiveness of emergency response pork products that will be exported to described in a proposed rule published measures taken in the subject region to the United States from East Anglia, and in the Federal Register on June 24, 2003 deal with the outbreak and to determine (68 FR 37426–37429, Docket No. 02– whether the outbreak is indeed a the significance of these exports with 001–1), include steps we would take to temporary situation or indicates a respect to overall U.S. swine and pork prevent the introduction of disease from fundamental change in the region’s product imports. Swine and pork that region or from a portion of that disease status. If a region takes producers and pork product wholesalers region and steps we would take to immediate and effective steps to control are the entities we expect will be further assess the region’s animal health and eradicate the disease, as East Anglia affected by this rule. status. These procedures include the did, we believe it is appropriate for the We do not have specific information release of a risk assessment for public region to be returned to its previous on the level of swine or pork products comment prior to final rulemaking. disease-free status. imported from East Anglia before that We will continue to implement our Therefore, for the reasons given in region was removed from the list of thorough and rigorous risk assessment this document, and based on our regions considered free of CSF in process and will continue to require evaluation, we are amending §§ 94.9 August 2000. However, an indication of information about the authority, and 94.10 in this final rule to add East the level of imports from East Anglia organization, and infrastructure of the Anglia to the list of regions considered that may result once the region is again veterinary services organization of each free of CSF. region; the extent to which movements considered CSF-free can be acquired by of animals and animal products are Effective Date comparing imports of swine and pork controlled from regions of higher risk, This is a substantive rule that relieves products from the United Kingdom and the level of biosecurity for such restrictions and, pursuant to the prior to and during the period of East movements; livestock demographics and provisions of 5 U.S.C. 553, may be made Anglia’s restriction. Average annual marketing practices in each region; effective less than 30 days after imports from the United Kingdom diagnostic laboratory capabilities in publication in the Federal Register. including East Anglia for the 3-year each region; and each region’s policies Immediate implementation of this rule period 1997–1999 are compared to and infrastructure for animal disease is warranted to relieve certain CSF- average annual imports from the United

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Kingdom excluding East Anglia for the Kingdom, to about 509,400 kilograms inventories well in excess of 3,000 2-year period 2001–2002.1 per year, while total U.S. pork imports animals would likely earn more than Live swine have been prohibited entry increased to 346 million kilograms per $750,000 in annual sales.3 Over 95 into the United States from East Anglia year. The United Kingdom’s share of percent of U.S. swine operations hold since August 2000. During 1997–1999, total imports fell to 0.15 percent, one- inventories of fewer than 2,000 head. the number of swine imported from the tenth of its share during 1997–1999. The Thus, most swine and pork producers United Kingdom averaged 249 per year, average annual value was about $1.8 can be considered small entities based and represented about 0.01 percent of million, or about 0.24 percent of the on SBA standards. average U.S. imports of 3.8 million average annual value of all pork product In the same way, pork product swine per year. The average annual imports of $745 million (again, one- wholesalers are also primarily small value of swine imported from the tenth of the United Kingdom’s share entities. The SBA defines pork product United Kingdom was about $123,000, or during 1997–1999). The dramatic wholesalers (NAICS 424420, ‘‘Packaged about 0.05 percent of the average annual increase in annual pork product imports frozen food merchant wholesalers,’’ and value of all swine imports ($265 by the United States from the period NAICS 424470, ‘‘Meat and meat product million). The average price of swine 1997–1999 to the period 2001–2002— merchant wholesalers’’) as small if they imported from the United Kingdom from 225 million kilograms to 346 employ 100 or fewer employees. during the period 1997–1999 was much million kilograms—contributed to the Information on the size distribution of higher than the average price of all large percentage decline in imports from meat wholesalers is not available, but swine imports ($567 per animal the United Kingdom. the 1997 Economic Census indicates compared to $72 per animal), reflecting If the decline in pork product imports that the average number of employees their value as breeding stock rather than from the United Kingdom was caused per establishment that year was 14.4 slaughter stock.2 by the restrictions placed upon imports Although the industries that may be During 2001–2002, there were no from East Anglia, then removal of those affected by this final rule are largely swine imports from the United restrictions can be expected to result in composed of small entities, the Kingdom. If all swine imported from the a percentage share of U.S. imports for economic effects of the rule will not be United Kingdom during 1997–1999 the United Kingdom similar to that significant. While imports of swine and came, in fact, from East Anglia, then a acquired during 1997–1999, about 1.6 pork products from the United Kingdom similar number, if not more, can be percent of total pork product imports by are expected to increase as a result of expected to be imported once East quantity and 2.8 percent by value. Based this rule, their market shares of overall Anglia is again considered CSF-free. on the average annual level of total pork U.S. imports are expected to remain Total annual imports from all sources in product imports during 2001–2002, small. 2001–2002 increased to over 5.5 million these percentages represent about 5.4 Under these circumstances, the swine. While the effect of renewed million kilograms, valued at about $21 Administrator of the Animal and Plant swine imports from East Anglia will be million. Health Inspection Service has small in terms of its percentage share of Imports of swine and pork products determined that this action will not swine imported by the United States, from the United Kingdom are likely to have a significant economic impact on the high average price during 1997– expand once East Anglia is again a substantial number of small entities. 1999 suggests that future imports may considered CSF-free. The expansion again help serve breeding demands of could be noteworthy for the United Executive Order 12988 U.S. swine operations. Kingdom if exports to the United States This final rule has been reviewed A similar comparison of pork product return to the levels seen during 1997– under Executive Order 12988, Civil imports from the United Kingdom over 1999: Breeding swine exports in the Justice Reform. This rule: (1) Preempts the two time periods can be used in hundreds of animals per year where all State and local laws and regulations considering the impact of renewed currently there are none, and an that are inconsistent with this rule; (2) importation of these commodities from increase in pork product exports by a has no retroactive effect; and (3) does East Anglia. During 1997–1999, the factor of 10. The economic effects will not require administrative proceedings quantity of pork products imported from not be significant for U.S. entities. As a before parties may file suit in court the United Kingdom averaged about 3.5 percentage of overall U.S. imports, the challenging this rule. million kilograms per year, and United Kingdom’s supply of swine and represented about 1.55 percent of pork products during 1997–1999 was Paperwork Reduction Act average U.S. imports of 225 million small. Similar export levels can be This final rule contains no kilograms per year. Their average expected to result from this rule. information collection or recordkeeping annual value was about $13 million, or Swine and pork producers and pork requirements under the Paperwork about 2.76 percent of the average annual product wholesalers are the U.S. entities Reduction Act of 1995 (44 U.S.C. 3501 value of all product imports of $476 that may be affected by this rule. The et seq.). million. Small Business Administration (SBA) During 2001–2002, there was a has established size standards for List of Subjects in 9 CFR Part 94 significant decline in the quantity of determining which entities can be Animal diseases, Imports, Livestock, pork products imported from the United considered small, using the North Meat and meat products, Milk, Poultry American Industrial Classification 1 All import statistics are from the World Trade System (NAICS). The SBA defines small 3 Assuming about a 6-month production cycle, Atlas, based on U.S. Census Bureau data. hog and pig farms (NAICS 112210, ‘‘Hog one inventory unit would roughly represent two 2 U.S. Census Bureau statistics indicate that 93 annual sale units. An average price of $102 per purebred breeding swine were imported from the and pig farming’’) as those earning not head (230 pounds selling weight, at $44.30 per cwt, United Kingdom in 1999, but that none were more than $750,000 in annual receipts. the average of hog prices in 2001), implies a gross imported in 1997 or 1998. However, the average National Agricultural Statistics Service revenue of $204 per head of inventory, yielding price paid for swine imported from the United data on hog farm inventories include $750,000/$204 per head=3,676 head. Kingdom during the period 1997–1999 clearly 4 As reported in the 1997 Economic Census of the suggests that animals classified as non-purebred farm size categories, among others, with U.S. Census Bureau, there were 3,557 meat and breeding swine were imported for breeding minimums of 2,000 and 5,000 head. meat product wholesale establishments that had a purposes. Only those swine operations with total of 50,256 paid employees.

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and poultry products, Reporting and to the rear inlet case. This AD is Comments recordkeeping requirements. prompted by a report of an internal oil We provided the public with the ■ fire in the engine intercompressor case Accordingly, we are amending 9 CFR opportunity to participate in the (ICC). A fire in the ICC could cause the part 94 as follows: development of this AD. We have existing tubes to disengage due to considered the comments received. PART 94—RINDERPEST, FOOT-AND- melted brazing on the tubes. Once these MOUTH DISEASE, FOWL PEST (FOWL tubes disengage, the ICC fire then Request Credit for Compliance With PLAGUE), EXOTIC NEWCASTLE develops into an external fire within the Earlier Versions of Service Bulletin DISEASE, AFRICAN SWINE FEVER, engine nacelle cavity. We are issuing CLASSICAL SWINE FEVER, AND this AD to prevent fire in the engine Two commenters state that there is no BOVINE SPONGIFORM nacelle cavity, in-flight engine reference in the NPRM to the original ENCEPHALOPATHY: PROHIBITED shutdown, and airplane damage. service bulletin (SB) or any earlier revisions. The commenters have AND RESTRICTED IMPORTATIONS DATES: This AD becomes effective received confirmation from the November 20, 2003. The Director of the ■ 1. The authority citation for part 94 manufacturer that the original SB and Federal Register approved the continues to read as follows: earlier revisions are technically incorporation by reference of certain equivalent to PWC SB No. 20914, Authority: 7 U.S.C. 450, 7701–7772, and publications listed in the regulations as Revision 4, dated December 14, 2001. 8301–8317; 21 U.S.C. 136 and 136a; 31 of November 20, 2003. U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR Therefore, they are requesting that 2.22, 2.80, and 371.4. ADDRESSES: You can get the service compliance with the original SB or any information identified in this AD from earlier revisions be permitted as full § 94.9 [Amended] Pratt & Whitney Canada, Technical compliance with the intent of the AD ■ 2. In § 94.9, paragraph (a) is amended Publications Department, 1000 Marie and that no further action be required. by removing the words ‘‘,except for East Victorin, Longueuil, Quebec J4G 1A1. You may examine the AD docket at The FAA agrees. The AD is revised to Anglia (Essex, Norfolk, and Suffolk add new compliance paragraph (f). The counties)’’. the FAA, New England Region, Office of the Regional Counsel, 12 New England regulatory section of this AD is § 94.10 [Amended] Executive Park, Burlington, MA. You renumbered from (e), (f), (g), (h), (i), and (j) to (e), (f), (g), (h), (i), (j), and (k). ■ 3. In § 94.10, paragraph (a) is amended may examine the service information, at by removing the words ‘‘,except for East the FAA, New England Region, Office of Conclusion the Regional Counsel, 12 New England Anglia (Essex Norfolk, and Suffolk We have carefully reviewed the counties)’’. Executive Park, Burlington, MA; or at the Office of the Federal Register, 800 available data, including the comments Done in Washington, DC, this 9th day of North Capitol Street, NW., suite 700, received, and determined that air safety October 2003. Washington, DC. and the public interest require adopting the AD with the changes described Kevin Shea, FOR FURTHER INFORMATION CONTACT: Ian previously. We have determined that Acting Administrator, Animal and Plant Dargin, Aerospace Engineer, Engine these changes will neither increase the Health Inspection Service. Certification Office, FAA, Engine and economic burden on any operator nor [FR Doc. 03–26042 Filed 10–15–03; 8:45 am] Propeller Directorate, 12 New England increase the scope of the AD. BILLING CODE 3410–34–P Executive Park, Burlington, MA 01803– 5299; telephone (781) 238–7178; fax Changes to 14 CFR Part 39—Effect on (781) 238–7199. the AD DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: The FAA On July 10, 2002, the FAA published proposed to amend 14 CFR part 39 with Federal Aviation Administration a new version of 14 CFR part 39 (67 FR a proposed airworthiness directive (AD). 47997, July 22, 2002), which governs the The proposed AD applies to PWC 14 CFR Part 39 FAA’s AD system. That regulation now models PW118, PW120, PW120A, and includes material that relates to altered [Docket No. 2003–NE–11–AD; Amendment PW121 turboprop engines. We products, special flight permits, and 39–13338; AD 2003–21–03] published the proposed AD in the alternative methods of compliance. The Federal Register on June 6, 2003 (68 FR RIN 2120–AA64 material previously was included in 33885). That action proposed to require each individual AD. Since the material Airworthiness Directives; Pratt & replacing the low pressure rotor speed is included in 14 CFR part 39, we will Whitney Canada Models PW118, (NL) sensor port sealing tube and not include it in future AD actions. PW120, PW120A, and PW121 reworking or replacing the external air Turboprop Engines tube connecting the P2.5/P3 switching Regulatory Findings valve to the rear inlet case. AGENCY: Federal Aviation We have determined that this AD will Administration (FAA), DOT. Corrections to Accomplishment not have federalism implications under Paragraph References in the Executive Order 13132. This AD will ACTION: Final rule. Compliance not have a substantial direct effect on SUMMARY: The FAA is adopting a new Since the issuance of the notice of the States, on the relationship between airworthiness directive (AD) for Pratt & proposed rulemaking (NPRM), we found the national government and the States, Whitney Canada (PWC) models PW118, that the Accomplishment paragraphs or on the distribution of power and PW120, PW120A, and PW121 turboprop referenced in compliance paragraphs responsibilities among the various engines. This AD requires replacing the (g), (h), (h)(1), and (h)(2) of the proposed levels of government. low pressure rotor speed (NL) sensor rule are incorrect because of a change in For the reasons discussed above, I port sealing tube and reworking or service bulletin revisions. This AD certify that this AD: replacing the external air tube corrects those Accomplishment (1) Is not a ‘‘significant regulatory connecting the P2.5/P3 switching valve paragraph references. action’’ under Executive Order 12866;

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(2) Is not a ‘‘significant rule’’ under Compliance Issued in Burlington, Massachusetts, on DOT Regulatory Policies and Procedures (e) Compliance with this AD is required at October 6, 2003. (44 FR 11034, February 26, 1979); and the next engine shop visit, or within 90 days Francis A. Favara, (3) Will not have a significant after the effective date of this AD, whichever Acting Manager, Engine and Propeller economic impact, positive or negative, occurs first, unless already done. Directorate, Aircraft Certification Service. on a substantial number of small entities Credit for Previous Replacements and [FR Doc. 03–25865 Filed 10–15–03; 8:45 am] under the criteria of the Regulatory Rework BILLING CODE 4910–13–P Flexibility Act. (f) Replacements and rework performed We prepared a summary of the costs before the effective date of this AD, using to comply with this AD and placed it in PWC Service Bulletin (SB) No. 20914, DEPARTMENT OF TRANSPORTATION the AD Docket. You may get a copy of Revision 4, dated December 14, 2001, the Federal Aviation Administration this summary by sending a request to us original issue, or Revision 1, 2, or 3, satisfy at the address listed under ADDRESSES. the requirements of paragraphs (g) through 14 CFR Part 39 Include ‘‘AD Docket No. 2003–NE–11– (h) of this AD. AD’’ in your request. Low Pressure Rotor Speed (NL) Sensor Port [Docket No. 2001–NM–184–AD; Amendment 39–13336; AD 2003–21–02] List of Subjects in 14 CFR Part 39 Sealing Tube (g) Replace the low pressure rotor speed RIN 2120–AA64 Air transportation, Aircraft, Aviation (NL) sensor port sealing tube with an safety, Incorporation by reference, improved durability tube, in accordance with Airworthiness Directives; McDonnell Safety. paragraphs 3.A.(1) and 3.A.(2), Douglas Model DC–8–11, DC–8–12, Adoption of the Amendment Accomplishment Instructions of PWC SB No. DC–8–21, DC–8–31, DC–8–32, DC–8– 20914, Revision 4, dated December 14, 2001. 33, DC–8–41, DC–8–42, and DC–8–43 ■ Accordingly, under the authority Switching Valve-to-Rear Inlet Case Sealing Airplanes; Model DC–8–50 Series delegated to me by the Administrator, Air Tube Assembly Airplanes; Model DC–8F–54 and DC– the Federal Aviation Administration (h) Remove the switching valve-to-rear 8F–55 Airplanes; Model DC–8–60 amends 14 CFR part 39 as follows: inlet case sealing air tube assembly, in Series Airplanes; Model DC–8–70 accordance with paragraph 3.B.(1), Series Airplanes; and Model DC–8–70F PART 39—AIRWORTHINESS Accomplishment Instructions of PWC SB No. Series Airplanes DIRECTIVES 20914, Revision 4, dated December 14, 2001, AGENCY: Federal Aviation ■ and do the following: 1. The authority citation for part 39 (1) Either install an improved durability Administration, DOT. continues to read as follows: switching valve-to-rear inlet case sealing air ACTION: Final rule. tube assembly, in accordance with paragraph Authority: 49 U.S.C. 106(g), 40113, 44701. 3.B.(9), Accomplishment Instructions of PWC SUMMARY: This amendment adopts a § 39.13 [Amended] SB No. 20914, Revision 4, dated December new airworthiness directive (AD), 14, 2001; or applicable to certain McDonnell ■ 2. The FAA amends § 39.13 by adding (2) Rework the switching valve-to-rear inlet Douglas transport category airplanes, the following new airworthiness case sealing air tube assembly and install that requires an inspection to determine directive (AD): tube assembly, in accordance with the material composition of the lower 2003–21–03 Pratt & Whitney Canada: paragraphs 3.B.(2), 3.B.(4), and 3.B.(9), inboard auxiliary spar cap of the left Amendment 39–13338. Docket No. Accomplishment Instructions of PWC SB No. 20914, Revision 4, dated December 14, 2001. and right wings. For certain airplanes, 2003–NE–11–AD. this AD also requires repetitive detailed Effective Date Alternative Methods of Compliance and dye penetrant inspections for (a) This AD becomes effective November (i) The Manager, Engine Certification cracking of the spar cap, and corrective 20, 2003. Office, has the authority to approve actions if necessary. This action is alternative methods of compliance for this necessary to detect and correct stress Affected ADs AD if requested using the procedures found corrosion cracking of the auxiliary spar (b) None. in 14 CFR 39.19. cap, which could cause excessive loads Applicability Material Incorporated by Reference to the structure attaching the support fitting of the main landing gear (MLG) (c) This AD applies to Pratt & Whitney (j) You must use Pratt & Whitney Canada Canada (PWC) models PW118, PW120, Service Bulletin No. 20914, Revision 4, dated to the wing, and result in loss of the PW120A, and PW121 turboprop engines. December 14, 2001 to perform the actions MLG. This action is intended to address These engines are installed on, but not required by this AD. The Director of the the identified unsafe condition. limited to, Empresa Brasileira de Aeronautica Federal Register approved the incorporation DATES: Effective November 20, 2003. (EMBRAER) EMB–120RT, 120ER, and 120FC, by reference of this service bulletin in The incorporation by reference of Bombardier Inc. (formerly Dehavilland of accordance with 5 U.S.C. 552(a) and 1 CFR certain publications listed in the part 51. You can get a copy from Pratt & Canada) DHC–8–100 series, and Aerospatiale regulations is approved by the Director ATR 42–200, –300, and –320 airplanes. Whitney Canada, Technical Publications Department, 1000 Marie Victorin, Longueuil, of the Federal Register as of November Unsafe Condition Quebec J4G 1A1. You can review copies at 20, 2003. (d) This AD is prompted by a report of an FAA, New England Region, Office of the ADDRESSES: The service information internal oil fire in the engine intercompressor Regional Counsel, 12 New England Executive referenced in this AD may be obtained case (ICC). A fire in the ICC could cause the Park, Burlington, MA; or at the Office of the from Boeing Commercial Aircraft existing tubes to disengage due to melted Federal Register, 800 North Capitol Street, Group, Long Beach Division, 3855 brazing on the tubes. Once these tubes NW., suite 700, Washington, DC. disengage, the ICC fire then develops into an Lakewood Boulevard, Long Beach, external fire within the engine nacelle cavity. Related Information California 90846, Attention: Data and We are issuing this AD to prevent fire in the (k) Transport Canada airworthiness Service Management, Dept. C1–L5A engine nacelle cavity, in-flight engine directive No. CF–2002–10, dated January 28, (D800–0024). This information may be shutdown, and airplane damage. 2002, also addresses the subject of this AD. examined at the Federal Aviation

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Administration (FAA), Transport consideration has been given to the has an obligation to consider many Airplane Directorate, Rules Docket, comments received. factors, such as other AD requirements 1601 Lind Avenue, SW., Renton, and compliance times, when developing Request To Clarify Compliance Time Washington; or at the Los Angeles an appropriate compliance time. The Aircraft Certification Office, 3960 One commenter requests that the FAA commenter considers that the proposed Paramount Boulevard, Lakewood, clarify the compliance time in repetitive inspection interval also would California; or at the Office of the Federal paragraph (b) of the Notice of Proposed require scheduling special times to Register, 800 North Capitol Street, NW., Rulemaking (NPRM). The commenter accomplish the inspections—at suite 700, Washington, DC. suggests that adding the words, considerable additional expense. ‘‘whichever occurs later’’ would clarify FOR FURTHER INFORMATION CONTACT: Jon We do not concur that the repetitive the intention of ‘‘Within 2 years or 2,000 Mowery, Aerospace Engineer, Airframe inspection interval should be extended. flight cycles.’’ Branch, ANM–120L, FAA, Los Angeles In developing an appropriate inspection The FAA agrees that clarification is interval for this AD, we considered the Aircraft Certification Office, 3960 needed. We inadvertently omitted the Paramount Boulevard, Lakewood, manufacturer’s recommendation, the qualifying phrase after the words, degree of urgency associated with the California 90712–4137; telephone (562) ‘‘Within 2 years or 2,000 flight cycles.’’ 627–5322; fax (562) 627–5210. subject unsafe condition, the average However, our intention was not to utilization of the affected fleet, and the SUPPLEMENTARY INFORMATION: A permit the operator to choose whichever time necessary to perform the proposal to amend part 39 of the Federal compliance time occurred later. We inspections. In light of all of these Aviation Regulations (14 CFR part 39) to have determined that a compliance time factors, we find that a repetitive include an airworthiness directive (AD) of within 2 years or 2,000 flight cycles, inspection interval of 1,600 flight cycles that is applicable to certain McDonnell whichever occurs first, is sufficient and represents an appropriate interval of Douglas airplanes was published in the adequate time to perform the detailed time for affected airplanes to continue to Federal Register on April 16, 2003 (68 inspection and dye penetrant operate without compromising safety. FR 18567). That action proposed to inspections required by paragraph (b) of No change is necessary to the final rule require an inspection to determine the the AD. We point out that the in this regard. However, under the material composition of the auxiliary inspections required by paragraph (b) of provisions of paragraph (e) of the AD, spar cap of the lower inboard of the left the AD are required within 2 years or we may approve requests for and right wings. For certain airplanes, 2,000 flight cycles, whichever occurs adjustments to the repetitive inspection that action also proposed to require first, after accomplishing the inspection interval if data are submitted to repetitive detailed and dye penetrant required by paragraph (a) of the AD. substantiate that such an adjustment inspections for cracking of the spar cap, Paragraph (a) of the AD has a would provide an acceptable level of and corrective actions if necessary. compliance time of within 24 months or safety. 2,000 flight cycles after the effective Changes to the Notice of Proposed date of the AD, whichever occurs later. Conclusion Rulemaking (NPRM) Considering the ample lead time to plan After careful review of the available The FAA has reviewed the descriptive for these inspections, we have data, including the comments noted phrase, ‘‘auxiliary spar cap of the lower determined that a compliance time of 2 above, the FAA has determined that air inboard of the left and right wings,’’ as years or 2,000 flight cycles, whichever safety and the public interest require the specified in the NPRM, and has occurs first, after accomplishing the adoption of the rule with the changes determined that the phrase, ‘‘the lower compliance time of paragraph (a) of the previously described. The FAA has inboard auxiliary spar cap of the left AD, is reasonable and provides an determined that this change will neither and right wing,’’ is more consistent with adequate level of safety of the affected increase the economic burden on any the wording of McDonnell Douglas DC– fleet. We have revised paragraph (b) of operator nor increase the scope of the 8 Service Bulletin 57–85, Revision 1, the AD to clarify that the qualifying AD. dated July 5, 1991 (the service bulletin phrase for the compliance time is, specified in the NPRM). Therefore, we ‘‘Within 2 years or 2,000 flight cycles, Changes to 14 CFR part 39/Effect on the have revised that phrase where it whichever occurs first, after AD appears in this final rule. accomplishing the compliance time of On July 10, 2002, the FAA issued a We also have revised paragraph (b) of paragraph (a).’’ However, under the new version of 14 CFR part 39 (67 FR this final rule to more accurately reflect provisions of paragraph (e) of the AD, 47997, July 22, 2002), which governs the the intent of the referenced service we may approve requests for FAA’s airworthiness directives system. bulletin by specifying that the detailed adjustments to the compliance time if The regulation now includes material inspection and a dye penetrant data are submitted to substantiate that that relates to altered products, special inspection for cracking be performed on such adjustments would provide an flight permits, and alternative methods both the lower inboard auxiliary spar acceptable level of safety. of compliance. However, for clarity and caps. consistency in this final rule, we have Request To Extend the Repetitive Additionally, we have revised retained the language of the NPRM Inspections Intervals paragraph (b) of the final rule, added regarding that material. new paragraphs (c) and (d) of the final The same commenter also requests rule, and renumbered subsequent that the repetitive inspection interval Change to Labor Rate Estimate paragraphs accordingly to clarify the specified in paragraph (b)(2) of the We have reviewed the figures we have follow-on actions required for any NPRM be increased from 1,600 flight used over the past several years to cracking that is found. cycles to 1,800 flight cycles. The calculate AD costs to operators. To commenter explains that such an account for various inflationary costs in Comments extension of the repetitive inspection the airline industry, we find it necessary Interested persons have been afforded interval would coincide with the ‘‘C’’ to increase the labor rate used in these an opportunity to participate in the check interval for its fleet. In addition, calculations from $60 per work hour to making of this amendment. Due the commenter points out that the FAA $65 per work hour. The cost impact

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information, below, reflects this Adoption of the Amendment Testing Standard Practice Manual MDC– increase in the specified hourly labor 93K0393 (NDTSPM) 06–10–01.006. If the ■ Accordingly, pursuant to the authority rate. material of the spar cap is 7075–T73 delegated to me by the Administrator, aluminum, no further action is required by Cost Impact the Federal Aviation Administration this paragraph. amends part 39 of the Federal Aviation Inspections for Cracking and Follow-on There are approximately 264 Regulations (14 CFR part 39) as follows: airplanes of the affected design in the Corrective Actions worldwide fleet. The FAA estimates that PART 39—AIRWORTHINESS (b) If the material of the lower inboard 244 airplanes of U.S. registry will be DIRECTIVES auxiliary spar cap found during the inspection required by paragraph (a) of this affected by this AD, that it will take ■ AD is 7075–T6 aluminum: Within 2 years or approximately 2 work hours per 1. The authority citation for part 39 continues to read as follows: 2,000 flight cycles, whichever occurs first, airplane to accomplish the required after accomplishing the inspection required actions, and that the average labor rate Authority: 49 U.S.C. 106(g), 40113, 44701. by paragraph (a) of this AD, perform a is $65 per work hour. Based on these detailed inspection and a dye penetrant § 39.13 [Amended] figures, the cost impact of the AD on inspection for cracking of both of the lower U.S. operators is estimated to be ■ 2. Section 39.13 is amended by adding inboard auxiliary spar caps; per McDonnell $31,720, or $130 per airplane. the following new airworthiness Douglas DC–8 Service Bulletin 57–85, directive: Revision 1, dated July 5, 1991. If no cracking The cost impact figure discussed is detected, repeat the inspection at intervals above is based on assumptions that no 2003–21–02 McDonnell Douglas: not to exceed 6,400 flight hours, until both operator has yet accomplished any of Amendment 39–13336. Docket 2001– auxiliary spar caps are replaced with spar the requirements of this AD action, and NM–184–AD. caps made with 7075–T73 aluminum, in that no operator would accomplish Applicability: Model DC–8–11, DC–8–12, accordance with the service bulletin. those actions in the future if this AD DC–8–21, DC–8–31, DC–8–32, DC–8–33, DC– Note 2: For the purposes of this AD, a 8–41, DC–8–42, and DC–8–43 airplanes; detailed inspection is defined as: ‘‘An were not adopted. The cost impact Model DC–8–51, DC–8–52, DC–8–53, and figures discussed in AD rulemaking intensive visual examination of a specific DC–8–55 airplanes; Model DC–8F–54 and structural area, system, installation, or actions represent only the time DC–8F–55 airplanes; Model DC–8–61, DC–8– assembly to detect damage, failure, or necessary to perform the specific actions 62, and DC–8–63 airplanes; Model DC–8– irregularity. Available lighting is normally actually required by the AD. These 61F, DC–8–62F, and DC–8–63F airplanes; supplemented with a direct source of good figures typically do not include Model DC–8–71, DC–8–72, and DC–8–73 lighting at intensity deemed appropriate by incidental costs, such as the time airplanes; as listed in McDonnell Douglas the inspector. Inspection aids such as mirror, required to gain access and close up, DC–8 Service Bulletin 57–85, Revision 1, magnifying lenses, etc., may be used. Surface dated July 5, 1991; certificated in any cleaning and elaborate access procedures planning time, or time necessitated by category. other administrative actions. may be required.’’ Note 1: This AD applies to each airplane Regulatory Impact identified in the preceding applicability Follow-on Corrective Actions for Certain provision, regardless of whether it has been Cracking The regulations adopted herein will modified, altered, or repaired in the area (c) For any cracking detected that is not have a substantial direct effect on subject to the requirements of this AD. For described in Conditions II through IV of the the States, on the relationship between airplanes that have been modified, altered, or Accomplishment Instructions of McDonnell the national Government and the States, repaired so that the performance of the Douglas DC–8 Service Bulletin 57–85, requirements of this AD is affected, the or on the distribution of power and Revision 1, dated July 5, 1991: Before further owner/operator must request approval for an flight, accomplish the applicable corrective responsibilities among the various alternative method of compliance in levels of government. Therefore, it is actions (rework, repair, apply corrosion accordance with paragraph (e) of this AD. inhibiting compound, or replace fittings) per determined that this final rule does not The request should include an assessment of the service bulletin. For Conditions II have federalism implications under the effect of the modification, alteration, or through IV, repeat the inspection for cracking Executive Order 13132. repair on the unsafe condition addressed by at intervals specified in paragraph 1.D of the this AD; and, if the unsafe condition has not For the reasons discussed above, I service bulletin not to exceed 1,600 flight been eliminated, the request should include cycles. Replacement of both spar caps with certify that this action (1) is not a specific proposed actions to address it. ‘‘significant regulatory action’’ under 7075–T73 aluminum is terminating action for Compliance: Required as indicated, unless the requirements of this AD. Executive Order 12866; (2) is not a accomplished previously. ‘‘significant rule’’ under DOT To detect and correct cracking of the lower Follow-on Corrective Actions for Certain Regulatory Policies and Procedures (44 inboard auxiliary spar cap, which could Other Cracking FR 11034, February 26, 1979); and (3) cause excessive loads to the structure (d) If any cracking is detected that is will not have a significant economic attaching the support fitting of the main described in Condition V or VI of the impact, positive or negative, on a landing gear (MLG) to the wing, and result Accomplishment Instructions of McDonnell substantial number of small entities in loss of the MLG; accomplish the following: Douglas DC–8 Service Bulletin 57–85, under the criteria of the Regulatory Revision 1, dated July 5, 1991: Before further Inspection To Determine the Material of the flight, replace the auxiliary spar cap with a Flexibility Act. A final evaluation has Auxiliary Spar Cap cap composed of 7075–T73 aluminum, in been prepared for this action and it is (a) Within 24 months or 2,000 flight cycles accordance with the service bulletin, or contained in the Rules Docket. A copy after the effective date of this AD, whichever repair by a method approved by the Manager, of it may be obtained from the Rules occurs later, inspect to determine the Los Angeles ACO. For a repair method to be Docket at the location provided under material composition of the lower inboard approved by the Manager, Los Angeles ACO, the caption ADDRESSES. auxiliary spar cap (part numbers 5615058–1 as required by this paragraph, the Manager’s through –506 inclusive) of the left and right approval letter must specifically reference List of Subjects in 14 CFR Part 39 wings, in accordance with a method this AD. approved by the Manager, Los Angeles Air transportation, Aircraft, Aviation Aircraft Certification Office (ACO), FAA; or Alternative Methods of Compliance safety, Incorporation by reference, by performing an eddy current test of the (e) An alternative method of compliance or Safety. auxiliary spar cap per the Non-Destructive adjustment of the compliance time that

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provides an acceptable level of safety may be SUMMARY: The Coast Guard is changing Chesapeake City Council, requested used if approved by the Manager, Los the regulations that govern the operation changes to the existing regulations for Angeles ACO. Operators shall submit their of the Jordan (S337) bridge, the the Jordan, Gilmerton, Dominion requests through an appropriate FAA Gilmerton (US 13/460) bridge, and the Boulevard and Centerville Turnpike Principal Maintenance Inspector, who may add comments and then send it to the Dominion Boulevard (US 17) bridge that bridges crossing the AICW, in order to Manager, Los Angeles ACO. all span the Southern Branch of the balance the needs of mariners and Note 3: Information concerning the Elizabeth River, and the Centerville motorists transiting in and around existence of approved alternative methods of Turnpike (SR170) bridge across the Chesapeake. Bridge openings at peak compliance with this AD, if any, may be Albemarle and Chesapeake Canal. The traffic hours during the weekdays cause obtained from the Los Angeles ACO. changes are necessary in order to relieve considerable backups. The City is increased vehicular traffic congestion seeking to reduce the amount of Special Flight Permits during weekday rush hours and to vehicular traffic congestion during the (f) Special flight permits may be issued in reduce traffic delays while still weekday morning and evening rush accordance with sections 21.197 and 21.199 providing for the reasonable needs of hours. The City requested an additional of the Federal Aviation Regulations (14 CFR navigation. The change will extend the change for the Dominion Boulevard 21.197 and 21.199) to operate the airplane to morning and evening rush hour closure bridge, from opening on signal to a location where the requirements of this AD can be accomplished. periods between one hour and one-half opening on the hour and half hour hour for the Jordan, Gilmerton and between peak traffic hours. Incorporation by Reference Dominion bridges and add rush hour Recreational, public, and commercial (g) Unless otherwise specified in this AD, schedule openings for the Centerville vessels use the AICW. During the spring the actions shall be done in accordance with Turnpike bridge. and fall months, the flow of recreational McDonnell Douglas DC–8 Service Bulletin DATES: This rule is effective November vessels is constant due to vessel owners 57–85, Revision 1, dated July 5, 1991. This 17, 2003. that are referred to as ‘‘snowbirds’’. incorporation by reference was approved by ADDRESSES: Comments and material Owners of these recreational vessels are the Director of the Federal Register in either transiting north to south towards accordance with 5 U.S.C. 552(a) and 1 CFR received from the public, as well as part 51. Copies may be obtained from Boeing documents indicated in this preamble as a warmer climate in the fall or south to Commercial Aircraft Group, Long Beach being available in the docket, are part of north towards a cooler climate in the Division, 3855 Lakewood Boulevard, Long docket (CGD05–02–108) and are spring and this can result in excessive Beach, California 90846, Attention: Data and available for inspection or copying at bridge openings during the rush hour Service Management, Dept. C1–L5A (D800– the Commander (oan-b), Fifth Coast due to their numbers. 0024). Copies may be inspected at the FAA, On February 12, 2003, a NPRM was Transport Airplane Directorate, 1601 Lind Guard District, Federal Building, 4th Floor, 431 Crawford Street, Portsmouth, published in the Federal Register (68 Avenue, SW., Renton, Washington; or at the FR 7087) proposing changes to the Los Angeles Aircraft Certification Office, Virginia 23703–5004, between 8 a.m. and 4 p.m., Monday through Friday, Jordan, Gilmerton, and Dominion 3960 Paramount Boulevard, Lakewood, Boulevard bridges that all span the California; or at the Office of the Federal except Federal Holidays. Southern Branch of the Elizabeth River Register, 800 North Capitol Street, NW., suite FOR FURTHER INFORMATION CONTACT: 700, Washington, DC. and the Centerville Turnpike bridges Linda Bonenberger, Bridge Management across the Albemarle and Chesapeake Effective Date Specialist, Fifth Coast Guard District, at Canal. As a result of this proposal, 84 (h) This amendment becomes effective on (757) 398–6227. comments and two petitions were November 20, 2003. SUPPLEMENTARY INFORMATION: received on the proposed changes. Issued in Renton, Washington, on October Regulatory History Based on all the information received, 7, 2003. we have made no changes from the On February 12, 2003, we published Ali Bahrami, proposed schedules for the Jordan, a notice of proposed rulemaking Gilmerton and Centerville Turnpike Acting Manager, Transport Airplane (NPRM) entitled ‘‘Drawbridge Operation Directorate, Aircraft Certification Service. Bridges. However, we have made Regulations; Atlantic Intracoastal changes to the final rule for the [FR Doc. 03–25869 Filed 10–15–03; 8:45 am] Waterway, South Branch of the Dominion Boulevard Bridge. BILLING CODE 4910–13–P Elizabeth River to the Albemarle and Chesapeake Canal, Chesapeake, VA’’ in Discussion of Comments and Changes the Federal Register (68 FR 7087). We Jordan Bridge DEPARTMENT OF HOMELAND received 84 written comments and two SECURITY petitions on the proposed rule. No The Coast Guard received 12 public hearing was requested nor held. comments on the NPRM for the Jordan Coast Guard Bridge. Seven of the comments Background and Purpose requested a change in the start of the 33 CFR Part 117 The Virginia Cut of the Atlantic morning rush hour closure period by a [CGD05–02–108] Intracoastal Waterway (AICW) extends half-hour from 6:30 a.m. to 6 a.m. The approximately 28 statute miles from the Coast Guard reviewed the City’s RIN 1625–AA09 Southern Branch of the Elizabeth River weekday road traffic counts that were to the North Landing River. General conducted in 1996 and again in 2001. Drawbridge Operation Regulation; regulations governing the operation of The rush hour traffic count for these Atlantic Intracoastal Waterway, South bridges are set out in 33 CFR 117.1 years revealed that vehicular traffic Branch of the Elizabeth River to the through 117.49. Specific drawbridge starts around 6:30 a.m. during the Albemarle and Chesapeake Canal, regulations, which supplement the weekday. The remaining five comments Chesapeake, VA general regulations for certain AICW requested mid-point bridge openings for AGENCY: Coast Guard, DHS. bridges, are set out in 33 CFR 117.997. vessels at 7:30 a.m., during the morning The City of Chesapeake (the City), closure period from 6:30 a.m. to 8:30 ACTION: Final rule. through a Resolution submitted by the a.m., and 4:30 p.m., during the evening

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closure period from 3:30 p.m. to 5:30 AICW between the Dominion Boulevard Centerville Turnpike Bridge p.m. Based on the increased frequency and the Great Bridge (S168) Bridges. A The Coast Guard received 17 of weekday vehicular traffic, as 41-foot Coast Guard (CG) Search and comments on the NPRM for the discussed in the NPRM, providing a Rescue vessel assisted in the study. The Centerville Turnpike bridge. The mid-point bridge opening would undo Coast Guard vessel traveling at an comments varied to change the half- the intent for reducing traffic average speed of 10 knots, determined hour opening proposal for recreational congestion. The Coast Guard considered to be the average speed of most AICW vessels between 8:30 a.m. to 4 p.m., the comments, but has not changed the boaters, started at the Dominion Monday through Friday, except Federal final rule. Boulevard Bridge at approximately holidays to provide one and two hour 10:13 a.m. Proceeding south of the Gilmerton Bridge openings. Based on the draw logs and Dominion Boulevard Bridge, the CG traffic counts provided by the City, an The Coast Guard received 10 vessel arrived at the Locks at additional restriction is unfair to the comments on the NPRM for the approximately 10:30 a.m. The Locks boating public and would be potentially Gilmerton Bridge. Two comments released the CG vessel at approximately hazardous to boaters. The Coast Guard requested that vessel openings be 10:50 a.m. At 10:54 a.m., the CG vessel considered the comments, but has not provided only on the hour or half-hour arrived in time for the scheduled hour changed the final rule. between the morning and evening rush opening of the Great Bridge (S168) hours. The remaining eight comments Bridge. The CG vessel transiting time Regulatory Evaluation requested an extension of the evening between the Dominion Boulevard and This rule is not a ‘‘significant closure period. The Coast Guard Great Bridge (S168) Bridges totaled 41 regulatory action’’ under section 3(f) of reviewed the draw logs and believes the minutes. This total transit time included Executive Order 12866, Regulatory proposal is designed to balance the the 20 minutes the CG vessel waited for Planning and Review, and does not competing needs of vehicular and vessel the Locks to open. require an assessment of potential costs traffic. The Coast Guard considered the Based on the transit times, we have and benefits under section 6(a)(3) of that comments, but has not changed the final determined changing the regulations Order. The Office of Management and rule. that govern the operation of the Budget has not reviewed it under that Dominion Boulevard Bridge Dominion Boulevard Bridge to open Order. It is not ‘‘significant’’ under the every hour on the half-hour to coincide regulatory policies and procedures of The Coast Guard received 48 with the Great Bridge (S168) Bridge and the Department of Homeland Security comments and two petitions on the the Locks will enable transient craft to (DHS). NPRM for the Dominion Boulevard reduce delays in navigating the AICW We reached this conclusion based on Bridge. Thirty-four comments requested while also helping to ease vehicular the fact that this rule will have only a changing the proposed opening traffic congestion. The bridge will open minimal impact on maritime traffic schedule on the hour and half-hour on signal for commercial vessels that transiting the bridges. Mariners can plan between 8:30 a.m. and 5 p.m., Monday provide a 2-hour advance notice and their transits in accordance with the through Friday, except Federal holidays, will open on demand at all times for scheduled bridge openings, to further to open every hour on the half-hour commercial vessels carrying liquefied minimize delay. during this period. flammable gas or other hazardous The Great Bridge (S168) Bridge across materials. The final rule was changed to Small Entities the Albermarle and Chesapeake Canal at reflect these modifications. Under the Regulatory Flexibility Act mile 12.0 located just south of the The remaining 14 comments (5 U.S.C. 601–612), we have considered Dominion Boulevard Bridge provides requested no vessel openings of the whether this rule would have a drawbridge openings on the hour Dominion Boulevard Bridge during the significant economic impact on a between 6 a.m. to 7 p.m., seven days a morning and evening closure periods. substantial number of small entities. week, year round. The Great Bridge The Coast Guard considered these The term ‘‘small entities’’ comprises Locks, (the Locks) owned and operated comments, but has not changed the final small businesses, not-for-profit by the U. S. Army Corps of Engineers, rule. organizations that are independently (the Army Corps) is located between the Two petitions offered by local owned and operated and are not Dominion Boulevard and the Great marinas requested a change to the dominant in their fields, and Bridge (S168) Bridges. The Locks opens proposed schedule between 8:30 a.m. governmental jurisdictions with for vessels traveling south on demand and 5 p.m. Monday through Friday, populations of less that 50,000. between 7 a.m. to 6 p.m., seven days a except Federal holidays, from year- The Coast Guard certifies under 5 week. In practice, the Locks close their round to Memorial Day through Labor U.S.C. 605(b) that this rule will not have gates near the quarter of the hour at Day. The local marina owners also a significant economic impact on a which time the water level is raised. suggested that due to the high volume substantial number of small entities. However, according to the Army Corps of ‘‘snowbirds’’ transiting the AICW, This rule will not have a significant if a boater reaches the gates after they openings should be provided on signal economic impact on a substantial have been closed, the Army Corps will before Memorial Day and after Labor number of small entities because the open the gates to allow the boater inside Day for the safety of navigation. rule adds minimal restrictions to the in order to avoid missing the hourly The remaining comments indicate movement of navigation, and mariners opening of the Great Bridge (S168) that road congestion starts at 4 p.m. can plan their transits in accordance Bridge. After attaining the required versus 5 p.m. The final rule will with the schedule bridge openings to water level, the gates are opened so maintain the current evening closure minimize delay. boaters can continue their transit with period from 4 p.m. to 6 p.m., Monday the hourly opening schedule of the through Friday, except Federal holidays. Assistance for Small Entities Great Bridge (S168) Bridge. The Coast Guard considered these Under section 213(a) of the Small A study conducted on March 3, 1999, changes to be more efficient and safer to Business Regulatory Enforcement determined an average transiting time of navigation and the final rule was Fairness Act of 1966 (Pub. L. 104–121), mariners at each location along the changed to reflect these modifications. we offered to assist small entities in

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understanding the rule so that they can 13175, Consultation and Coordination (b) * * * better evaluate its effects on them and with Indian Tribal Governments, (1) Shall open on signal at any time participate in the rulemaking process. In because it does not have a substantial for commercial vessels carrying our notice of proposed rulemaking, we direct effect on one or more Indian liquefied flammable gas or other provided a point of contact to small tribes, on the relationship between the hazardous materials. entities who could answer questions Federal Government and Indian tribes, (2) From 6:30 a.m. to 8:30 a.m. and concerning proposed provisions or or on the distribution of power and from 3:30 p.m. to 5:30 p.m., Monday options for compliance. responsibilities between the Federal through Friday, except Federal holidays: Government and Indian Tribes. (i) Need not open for the passage of Collection of Information recreational or commercial vessels that This rule calls for no new collection Energy Effects do not qualify under paragraph (b)(2)(ii) of information under the Paperwork We have analyzed this rule under of this section. Reduction Act of 1995 (44 U.S.C. 3501– Executive Order 13211, Actions * * * * * 3520). Concerning Regulations That (d) * * * Significantly Affect Energy Supply, Federalism (1) Shall open on signal at any time Distribution, or Use. We have for commercial vessels carrying A rule has implications for federalism determined that it is not a ‘‘significant liquefied flammable gas or other under Executive Order 13132, energy action’’ under that order because hazardous materials. Federalism, if it has a substantial direct it is not a ‘‘significant regulatory action’’ (2) From 6:30 a.m. to 8:30 a.m. and effect on State or local governments and under Executive Order 12866 and is not from 3:30 p.m. to 5:30 p.m., Monday would either preempt State law or likely to have a significant adverse effect through Friday, except Federal holidays: impose a substantial direct cost of on the supply, distribution, or use of (i) Need not open for the passage of compliance on them. We have analyzed energy. It has not been designated by the recreational or commercial vessels that this rule under that Order and have Administrator of the Office of do not qualify under paragraph (d)(2)(ii) determined that it does not have Information and Regulatory Affairs as a of this section. implications for federalism. significant energy action. Therefore, it * * * * * Unfunded Mandates Reform Act does not require a Statement of Energy (f) The draw of the Dominion Effects under Executive Order 13211. Boulevard (US 17) bridge, mile 8.8 in The Unfunded Mandates Reform Act Chesapeake: Environment of 1995 (2 U.S.C. 1531–1538) requires (1) Shall open on signal at any time Federal agencies to assess the effects of We have analyzed this rule under for commercial vessels carrying their discretionary regulatory actions. In Commandant Instruction M16475.1D, liquefied flammable gas or other particular, the Act addresses actions which guides the Coast Guard in hazardous materials. that may result in the expenditure by a complying with the National (2) From 6:30 a.m. to 8:30 a.m. and State, local, or tribal government, in the Environmental Policy Act of 1969 from 4 p.m. to 6 p.m., Monday through aggregate, or by the private sector of (NEPA) (42 U.S.C. 4321–4370f), and Friday, except Federal holidays: $100,000,000 or more in any one year. have concluded that there are no factors (i) Need not open for the passage of Though this rule will not result in such in this case that would limit the use of recreational or commercial vessels that an expenditure, we do discuss the a categorical exclusion under section do not qualify under paragraph (f)(2)(ii) effects of this rule elsewhere in this 2.B.2 of the Instruction. Therefore, this of this section. preamble. rule is categorically excluded, under (ii) Need not open for commercial Taking of Private Property figure 2–1 paragraph (32)(e) of the cargo vessels, including tugs, and tugs with tows, unless 2 hours advance This rule will not affect a taking of Instruction, from further environmental notice has been given to the Dominion private property or otherwise have documentation. Boulevard bridge at (757) 547–0521. taking implications under Executive List of Subjects in 33 CFR Part 117 (3) From Memorial Day to Labor Day, Order 12630, Governmental Actions and Bridges. from 8:30 a.m. to 4 p.m., Monday Interference with Constitutionally ■ through Friday, except Federal holidays, Protected Property Rights. For the reasons discussed in the preamble, the Coast Guard amends 33 the draw need be opened only every Civil Justice Reform CFR Part 117 as follows: hour on the half-hour. This rule meets applicable standards (4) If any vessel is approaching the PART 117—DRAWBRIDGE in section 3(a) and 3(b)(2) of Executive bridge and cannot reach the draw OPERATION REGULATIONS Order 12988, Civil Justice Reform, to exactly on the half hour, the drawtender may delay the opening up to ten minimize litigation, eliminate ■ 1. The authority citation for part 117 minutes past the half hour for the ambiguity, and reduce burden. continues to read as follows: passage of the approaching vessel and Protection of Children Authority: 33 U.S.C. 499; Department of any other vessels that are waiting to Homeland Security Delegation No. 0170.1; 33 We have analyzed this rule under pass. CFR 1.05–1(g); section 117.255 also issued (5) Shall open on signal at all other Executive Order 13045, Protection of under the authority of Pub. L. 102–587, 106 Children from Environmental Health Stat. 5039. times. Risks and Safety Risks. This rule is not ■ 2. In § 117.997 paragraphs (b)(1), (b)(2) * * * * * an economically significant rule and introductory text, (b)(2)(i), (d)(1), (d)(2) (i) The draw of the Centerville would not create an environmental risk introductory text, (d)(2)(i), (f) and (i) are Turnpike (SR170) bridge across the to health or risk to safety that might revised to read as follows: Albemarle and Chesapeake Canal, mile disproportionately affect children. 15.2, at Chesapeake: § 117.997 Atlantic Intracoastal Waterway, (1) Shall open on signal at any time Indian Tribal Governments South Branch of the Elizabeth River to for commercial vessels carrying This rule does not have tribal Albemarle and Chesapeake Canal. liquefied flammable gas or other implications under Executive Order * * * * * hazardous materials.

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(2) From 6:30 a.m. to 8:30 a.m. and documents indicated in this preamble as vessels. To better manage the safety and from 4 p.m. to 6 p.m., Monday through being available in the docket, are part of security of the LNG terminal, this rule Friday, except Federal holidays: docket [CG05–03–153] and are available incorporates necessary security (i) Need not open for the passage of for inspection or copying at provisions and changes the size of the recreational or commercial vessels that Commander, U.S. Coast Guard zone. This rule establishes a 500 yard do not qualify under paragraph (i)(2)(ii) Activities, 2401 Hawkins Point Road, combined safety zone and security zone of this section. Building 70, Port Safety, Security and in all directions around the LNG (ii) Need not open for commercial Waterways Management Branch, terminal at Cove Point. cargo vessels, including tugs, and tugs Baltimore, Maryland, 21226–1791 Based on the September 11, 2001 with tows, unless 2 hours advance between 9 a.m. and 3 p.m., Monday terrorist attacks on the World Trade notice has been given to the Centerville through Friday, except Federal holidays. Center buildings in New York, NY and Turnpike bridge at (757) 547–3632. FOR FURTHER INFORMATION CONTACT: the Pentagon building in Arlington, VA, (3) From 8:30 a.m. to 4 p.m., Monday Lieutenant Dulani Woods, at Coast there is an increased risk that subversive through Friday, except Federal holidays, Guard Activities Baltimore, Port Safety, activity could be launched by vessels or the draw need only be opened on the Security and Waterways Management persons in close proximity to the Cove hour and half hour. Branch, at telephone number (410) 576– Point LNG Terminal. As part of the (4) If any vessel is approaching the 2513. Diplomatic Security and Antiterrorism bridge and cannot reach the draw Act of 1986 (Pub. L. 99–399), Congress exactly on the hour or half hour, the SUPPLEMENTARY INFORMATION: amended section 7 of the Ports and drawtender may delay the opening ten Regulatory Information Waterways Safety Act (PWSA), 33 minutes past the hour or half hour for U.S.C. 1226, to allow the Coast Guard to the passage of the approaching vessel On March 20, 2003, we published a take actions, including the and any other vessels that are waiting to notice of proposed rulemaking (NPRM) establishment of security and safety pass. in the Federal Register entitled ‘‘Safety zones, to prevent or respond to acts of (5) Shall open on signal at all other and Security Zone; Cove Point Liquefied terrorism against individuals, vessels, or times. Natural Gas Terminal, Chesapeake Bay, public or commercial structures. The Maryland’’ (68 FR 13647). In it we Dated: October 3, 2003. Coast Guard also has authority to proposed a permanent safety and establish security zones pursuant to the Sally Brice-O’Hara, security zone. We received six letters Rear Admiral, U. S. Coast Guard, Espionage Act of June 15, 1917, as commenting on the proposed rule. And amended by the Magnuson Act of Commander, Fifth Coast Guard District. in response to a request for a public [FR Doc. 03–26131 Filed 10–15–03; 8:45 am] August 9, 1950 (50 U.S.C. 191 et seq.) meeting, we announced a June 5, 2003 (‘‘Magnuson Act’’), section 104 of the BILLING CODE 4910–15–P public meeting and reopened the Maritime Transportation Security Act of comment period to June 12, 2003. (68 November 25, 2002, and by FR 26247, May 15, 2003). implementing regulations promulgated DEPARTMENT OF HOMELAND On August 1, 2003, we published a SECURITY by the President in subparts 6.01 and temporary final rule (TFR) entitled 6.04 of part 6 of title 33 of the Code of Coast Guard ‘‘Safety and Security Zone; Cove Point Federal Regulations. Natural Gas Terminal, Chesapeake Bay, Discussion of This Rule 33 CFR Part 165 Maryland, to provide temporary protection while the rulemaking for the This temporary final rule is identical [CGD05–03–153] permanent rule was underway (68 FR to the previous TFR published in the RIN 1625–AA00 45165). That TFR expired September 26, Federal Register (68 FR 45165) on 2003. August 1, 2003. The Coast Guard was Safety/Security Zone; Cove Point Under 5 U.S.C. 553(d)(3), the Coast unable to publish an extension to that Liquefied Natural Gas Terminal, Guard finds that good cause exists for rule, but the practical effect of this new Chesapeake Bay, MD making this rule effective less than 30 TFR is the same—to continue to provide days after publication in the Federal a temporary safety and security zone in AGENCY: Coast Guard, DHS. Register. The Coast Guard is currently this area. ACTION: Temporary final rule. reviewing the additional comments The Coast Guard is establishing a received during the re-opened comment SUMMARY: The Coast Guard is temporary safety and security zone on period and public meeting and requires establishing a safety/security zone at the specified waters of the Chesapeake Bay more time to develop the final rule Cove Point Liquefied Natural Gas (LNG) near the Cove Point Liquefied Natural based on these additional comments. Terminal under 33 CFR 165.502. This is Gas Terminal to reduce the potential The Coast Guard believes it is in the in response to the re-opening of the threat that may be posed by vessels or best interest of public safety to establish terminal by Dominion Power in July persons that approach the terminal. The this temporary safety and security zone 2003. This safety and security zone is zone will extend 500 yards in all while it continues to consider necessary to help ensure public safety directions from the terminal. The effect comments that may affect the final rule. and security. The zone will prohibit will be to prohibit vessels or persons vessels and persons from entering a Background and Purpose entry into the safety and security zone, well-defined area of 500 yards in all unless specifically authorized by the In preparation for the re-opening of Captain of the Port, Baltimore, directions around the Cove Point LNG the LNG terminal at Cove Point, MD, the Terminal. Maryland. Federal, state and local Coast Guard is evaluating the current agencies may assist the Coast Guard in DATES: This rule is effective from safety zone established in 33 CFR the enforcement of this rule. September 26, 2003, through January 5, 165.502. This safety zone was 2004. established during the initial operation Regulatory Evaluation ADDRESSES: Comments and material of the terminal in 1979 and includes This rule is not a ‘‘significant received from the public, as well as both the terminal and associated regulatory action’’ under section 3(f) of

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Executive Order 12866, Regulatory wish to comment on actions by tribes, on the relationship between the Planning and Review, and does not employees of the Coast Guard, call 1– Federal Government and Indian tribes, require an assessment of potential costs 888–REG–FAIR (1–888–734–3247). or on the distribution of power and and benefits under section 6(a)(3) of that responsibilities between the Federal Collection of Information Order. The Office of Management and Government and Indian tribes. Budget has not reviewed it under that This rule calls for no new collection Order. It is not ‘‘significant’’ under the of information under the Paperwork Energy Effects regulatory policies and procedures of Reduction Act of 1995 (44 U.S.C. 3501– We have analyzed this rule under the Department of Homeland Security 3520). Executive Order 13211, Actions (DHS). This regulation is of limited size, Federalism Concerning Regulations That and vessels may transit around the zone. Significantly Affect Energy Supply, There may be some adverse effects on A rule has implications for federalism Distribution, or Use. We have the local maritime community that has under Executive Order 13132, determined that it is not a ‘‘significant been using the area as a fishing ground. Federalism, if it has a substantial direct energy action’’ under that order because Since the terminal has not been in effect on State or local governments and it is not a ‘‘significant regulatory action’’ operation, the Coast Guard has not would either preempt State law or under Executive Order 12866 and is not enforced the current zone under 33 CFR impose a substantial direct cost of likely to have a significant adverse effect 165.502. Commercial vessel operators compliance on them. We have analyzed on the supply, distribution, or use of have been using the area on a regular this rule under that Order and have energy. The Administrator of the Office basis for commercial fishing, passenger determined that it does not have of Information and Regulatory Affairs tours, and fishing parties. Enforcement implications for federalism. has not designated it as a significant of the proposed zone or the current zone Unfunded Mandates Reform Act energy action. Therefore, it does not will prohibit these commercial vessel require a Statement of Energy Effects operators from using this area. The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires under Executive Order 13211. Small Entities Federal agencies to assess the effects of Environment Under the Regulatory Flexibility Act their discretionary regulatory actions. In (5 U.S.C. 601–612), we have considered particular, the Act addresses actions We have analyzed this rule under whether this rule would have a that may result in the expenditure by a Commandant Instruction M16475.lD, significant economic impact on a State, local, or tribal government, in the which guides the Coast Guard in substantial number of small entities. aggregate, or by the private sector of complying with the National The term ‘‘small entities’’ comprises $100,000,000 or more in any one year. Environmental Policy Act of 1969 small businesses, not-for-profit Though this rule will not result in such (NEPA)(42 U.S.C. 4321–4370f), and organizations that are independently an expenditure, we do discuss the have concluded that there are no factors owned and operated and are not effects of this rule elsewhere in this in this case that will limit the use of a dominant in their fields, and preamble. categorical exclusion under section governmental jurisdictions with 2.B.2 of the Instruction. Therefore, this populations of less than 50,000. Taking of Private Property rule is categorically excluded, under The Coast Guard certifies under 5 This rule will not effect a taking of figure 2–1, paragraph (34)(g), of the U.S.C. 605(b) that this rule will not have private property or otherwise have Instruction, from further environmental a significant economic impact on a taking implications under Executive documentation because this rule substantial number of small entities. Order 12630, Governmental Actions and establishes a security zone. A final This rule will affect the following Interference with Constitutionally ‘‘Categorical Exclusion Determination’’ entities, some of which might be small Protected Property Rights. will be available in the docket where entities: the owners or operators of indicated under ADDRESSES. Civil Justice Reform vessels intending to transit or anchor in List of Subjects in 33 CFR Part 165 a portion of the Chesapeake Bay near This rule meets applicable standards the Cove Point LNG Terminal. in sections 3(a) and 3(b)(2) of Executive Harbors, Marine safety, Navigation Order 12988, Civil Justice Reform, to Assistance for Small Entities (water), Reporting and recordkeeping minimize litigation, eliminate requirements, Security measures, Under section 213(a) of the Small ambiguity, and reduce burden. Waterways. Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104– Protection of Children ■ For the reasons discussed in the 121), we offered to assist small entities We have analyzed this rule under preamble, the Coast Guard amends 33 in understanding the rule so that they Executive Order 13045, Protection of CFR part 165 as follows: could better evaluate its effects on them Children from Environmental Health and participate in the rulemaking Risks and Safety Risks. This rule is not PART 165—REGULATED NAVIGATION process. an economically significant rule and AREAS AND LIMITED ACCESS AREAS Small businesses may send comments does not create an environmental risk to ■ 1. The authority citation for part 165 on the actions of Federal employees health or risk to safety that may continues to read as follows: who enforce, or otherwise determine disproportionately affect children. compliance with, Federal regulations to Authority: 33 U.S.C. 1226,1231; 46 U.S.C. the Small Business and Agriculture Indian Tribal Governments Chapter 701; 50 U.S.C. 191,195; 33 CFR 1.05– Regulatory Enforcement Ombudsman This rule does not have tribal 1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 107– and the Regional Small Business implications under Executive Order 295, 116 Stat. 2064, Department of Homeland Security Delegation No. 0170.1. Regulatory Fairness Boards. The 13175, Consultation and Coordination Ombudsman evaluates these actions with Indian Tribal Governments, ■ 2. From September 26, 2003, through annually and rates each agency’s because it does not have a substantial January 5, 2004, add § 165.T05–153 to responsiveness to small business. If you direct effect on one or more Indian read as follows:

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§ 165.T05–153 Safety and Security Zone; is necessary to implement the decision CLL will be retroactive for those eligible Cove Point Liquefied Natural Gas Terminal, of the Secretary of Veterans Affairs that in-country Vietnam veterans who had Chesapeake Bay, Maryland. there is a positive association between previously applied for benefits based on (a) Location. The following area is a exposure to herbicides used in the CLL and were denied. We will make no safety and security zone: All waters of Republic of Vietnam during the Vietnam change based on this comment because the Chesapeake Bay, from surface to era and the subsequent development of VA does not have authority to award bottom, encompassed by lines chronic lymphocytic leukemia (CLL). such retroactive benefits. As explained connecting the following points, The effect of this amendment is to below, existing statutes make clear that beginning at 38°24′27″ N, 076°23′42″ W, establish presumptive service VA may not award retroactive benefits thence to 38°24′44″ N, 076°23′11″ W, connection for that condition based on based on this final rule for any period thence to 38°22′55″ N, 076°22′27″ W, herbicide exposure. before the date this final rule is thence to 38°23′37″ N, 076°22′58″ W, DATES: Effective Date: October 16, 2003. published in the Federal Register. ° ′ ″ thence to beginning at 38 24 27 N, FOR FURTHER INFORMATION CONTACT: Those statutes prohibit VA from ° ′ ″ 076 23 42 W. These coordinates are Cheryl Konieczny, Regulations Staff, granting benefits retroactive to the date based upon North American Datum Compensation and Pension Service, of a previously denied claim. No statute (NAD) 1983. This area is 500 yards in Veterans Benefits Administration, 810 or judicial decision authorizes VA to all directions from the Cove Point LNG Vermont Avenue, NW., Washington, DC ignore those statutory requirements for terminal structure. 20420, telephone (202) 273–6779. purposes of this final rule. Title 38 U.S.C. 1116(c)(2) clearly and (b) Regulations. (1) In accordance SUPPLEMENTARY INFORMATION: In a unambiguously requires that regulations with the general regulations in §§ 165.23 document published in the Federal promulgated as a result of a decision of and 165.33 of this part, entry into or Register on March 26, 2003 (68 FR the Secretary of Veterans Affairs that a movement within this zone is 14567–14570), VA proposed to amend positive association exists between prohibited unless authorized by the its adjudication regulations to provide exposure to herbicides and a specified Coast Guard Captain of the Port, for a presumption of service connection condition or disease ‘‘shall be effective Baltimore, Maryland or his designated for CLL based on herbicide exposure. on the date of issuance.’’ The effective representative. Designated VA provided a 60-day comment period date established by this rule is in representatives include any Coast Guard which ended on May 27, 2003. We accordance with 38 U.S.C. 1116(c)(2). commissioned, warrant, or petty officer. received a written comment from Under 38 U.S.C. 5110(g), when benefits (2) Persons desiring to transit the area Vietnam Veterans of America (VVA) and are awarded based on a new regulation, of the zone may contact the Captain of a joint written comment from two the effective date of the award may not the Port at telephone number (410) 576– individuals. 2693 or via VHF Marine Band Radio be earlier than the effective date of the channel 16 (156.8 MHz) to seek Comments Supporting the Proposed regulation. In view of 38 U.S.C. permission to transit the area. If Rule 1116(c)(2) and 5110(g), VA does not permission is granted, all persons and The joint comment from two have authority to provide in this rule for vessels must comply with the individuals expressed support for the assignment of an effective date earlier instructions of the Captain of the Port or proposed rule. than the date on which this rule is issued. his designated representative. Outreach Mechanisms (c) Enforcement. The U.S. Coast We note that a series of orders from Guard may be assisted in the patrol and One commenter urged that the final the United States District Court for the enforcement of the zone by Federal, rule specifically state that VA will Northern District of California in the State, local, and private agencies. develop and implement outreach class-action litigation in Nehmer v. U.S. mechanisms by which attempts will be Veterans’ Administration requires VA to Dated: September 26, 2003. made to contact all in-country Vietnam pay retroactive benefits for certain Curtis A. Springer, veterans who are eligible for this diseases associated with herbicide Captain, U.S. Coast Guard, Captain of the benefit. exposure, in certain circumstances, in a Port, Baltimore, Maryland. VA has already initiated a number of manner that would otherwise be [FR Doc. 03–26128 Filed 10–15–03; 8:45 am] outreach activities. In January 2003, VA prohibited by 38 U.S.C. 1116(c)(2) and BILLING CODE 4910–15–P issued a news release concerning the 5110(g). We conclude, however, that Secretary’s decision regarding CLL. This those orders do not apply to benefits news release has also been distributed at based on a disease for which the DEPARTMENT OF VETERAN AFFAIRS health fairs, health care conferences, Secretary of Veterans Affairs establishes and on the National Mall in conjunction a presumption of service connection 38 CFR Part 3 with Public Service Recognition Week. after September 30, 2002. The Nehmer court orders rely upon a RIN 2900–AL55 An article conveying this information can currently be found on VA’s Web May 1991 Final Stipulation and Order Disease Associated With Exposure to site. The lead article of the July issue of between the parties to that litigation. Certain Herbicide Agents: Chronic the Agent Orange Review, which will be The 1991 stipulation and order required Lymphocytic Leukemia sent to hundreds of thousands of VA to accord retroactive effect to Vietnam veterans, is about the presumptions of service connection AGENCY: Department of Veterans Affairs. Secretary’s decision regarding CLL. established by VA pursuant to the Agent ACTION: Final rule. Further, outreach efforts are procedural Orange Act of 1991, Public Law 102–4. in nature, and are outside the scope of The Agent Orange Act of 1991, Public SUMMARY: This document amends the this rulemaking; therefore, no change is Law 102–4, established a sunset date of Department of Veterans Affairs (VA) made based on this comment. September 30, 2002, for the Secretary to adjudication regulations concerning establish such presumptions. presumptive service connection for Establish a Retroactive Effective Date Accordingly, the Nehmer stipulation certain diseases for which there is no The same commenter urged that the and order applies only to awards based record during service. This amendment final rule state that compensation for on presumptions established within the

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time frame specified in the Agent stipulation and order must be rule is not intended to define the criteria Orange Act of 1991, Public Law 102–4. interpreted in accordance with general governing eligibility for DIC or any other The Agent Orange Act of 1991, Public principles of contract law. It is well benefit. Several existing statutes and Law 102–4, added section 1116 to title established that, unless the parties regulations already provide that 38, United States Code. Section 1116(b) provide otherwise, a contract is veterans and their survivors are entitled authorized the Secretary of Veterans presumed to incorporate the law that to benefits for disability or death due to Affairs to issue regulatory presumptions existed at the time the contract was a service-connected disease or injury. of service connection for diseases made. See Norfolk & Western Ry. Co. v. This rule would establish a presumption associated with herbicide exposure. American Train Dispatchers’ Ass’n, 499 that CLL is service connected in Section 1116(e), as added by the Act, U.S. 117, 129–30 (1991). The terms of a veterans who were exposed to certain stated that section 1116(b) would cease contract ‘‘do not change with the herbicide agents used in Vietnam and to be effective 10 years after the first day enactment of subsequent legislation, who subsequently developed that of the fiscal year in which the NAS absent a specific contractual provision disease. That presumption will assist transmitted its first report to VA. The providing for such a change.’’ Winstar claimants in establishing entitlement to first NAS report was transmitted in June Corp. v. United States, 64 F.3d 1531, specific benefits under the statutes and 1993, during the fiscal year that began 1547 (Fed. Cir. 1995), aff’d, 518 U.S. 839 regulations authorizing such benefits, on October 1, 1992. Accordingly, under (1996). A subsequent change in the law and will apply whether the claimant is the Act, VA’s authority to issue cannot retrospectively alter the terms of a veteran seeking compensation or a regulatory presumptions as specified in the agreement. See Florida East Coast survivor seeking service-connected section 1116(b) would have expired on Ry. Co. v. CSX Transportation, Inc., 42 death benefits. We therefore make no September 30, 2002. F.3d 1125, 1129–30 (7th Cir. 1994). change based on this comment, because In December 2001, Congress enacted Accordingly, the enactment of the the suggested change is beyond the the Veterans Education and Benefits Benefits Expansion Act of 2001 cannot scope of this rule and is unnecessary. Expansion Act of 2001 (Benefits expand the Government’s authority Extend Eligibility to Those Who Served Expansion Act), Public Law 107–103, under the May 1991 stipulation and on Naval Vessels section 201(d) of which extended VA’s order. authority under section 1116(b) through VA is required to give effect to the The commenter urged that we extend September 30, 2015. Pursuant to this clear statutory requirements in 38 U.S.C. eligibility to service connection for CLL statute, VA may issue new regulations 1116(c)(2) and 5110(g), in the absence of to all Vietnam veterans who served between October 1, 2002, and authority to the contrary. To the extent within the geographical boundaries of September 30, 2015, establishing the Nehmer court orders require action the Republic of Vietnam and those who additional presumptions of service seemingly at odds with those statutes, served on naval vessels within the connection for diseases that are found to we believe they are most reasonably territorial waters of the Republic of be associated with herbicide exposure viewed as creating a non-statutory Vietnam. As revised by this final rule, based on evidence contained in future exception to the requirements of 38 38 CFR 3.309(e) will expressly provide NAS reports. Because presumptions U.S.C. 1116(c)(2) and 5110(g). We that CLL will be presumed service established pursuant to the authority of believe it would be inappropriate, connected in any veteran who was the Benefits Expansion Act, Public Law however, to disregard the clear exposed to certain herbicide agents 107–103 are beyond the scope of the requirements of section 1116(c)(2) and during service. Veterans who served in Nehmer stipulation and order, the 5110(g) in cases that are not within the the Republic of Vietnam between effective-date provisions of the scope of the Nehmer court orders. The January 9, 1962, and May 7, 1975, are stipulation and order would not apply United States Court of Appeals for the presumed to have been exposed to such to benefit awards based on those Federal Circuit and the United States herbicide agents. Veterans who served presumptions. Court of Appeals for Veterans Claims only in other locations or at other times, The United States District Court for have held that 38 U.S.C. 5110(g) governs including those who served on naval the Northern District of California and the effective date of awards made vessels in the territorial waters of the United States Court of Appeals for pursuant to regulatory presumptions of Vietnam but never set foot within the the Ninth Circuit stated that the Nehmer service connection for diseases Republic of Vietnam, would need to stipulation and order applies only to associated with herbicide exposure, at establish that they were exposed to awards based on presumptions issued least in cases that are not clearly within herbicide agents during service. within the time period established by the scope of the Nehmer court orders. Title 38 U.S.C. 1116 requires that a the Agent Orange Act of 1991, Public See Williams v. Principi, 15 Vet. App. veteran have served ‘‘in the Republic of Law 102–4. The district court noted that 189 (2001) (en banc); aff’d, 310 F.3d Vietnam’’ to be eligible for the the retroactive payment provisions of 1374 (Fed. Cir. 2002). Accordingly, the presumption of exposure to herbicides. the stipulation and order are ‘‘expressly district court orders in the Nehmer case 38 CFR 3.307(a)(6)(iii) provides that tied’’ to the Agent Orange Act of 1991, do not permit VA to ignore the clear ‘‘Service in the Republic of Vietnam’’ Public Law 102–4, and that ‘‘the Stip. & requirements of 38 U.S.C. 1116(c)(2) and includes service in offshore waters or Order is not therefore boundless.’’ 5110(g) as they apply to this final rule other locations only if the conditions of Nehmer v. United States Department of or to grant retroactive benefits in a service involved duty or visitation Veterans Affairs, No. CV–86–6160 TEH manner prohibited by those statutes. We within the Republic of Vietnam. In (N.D. Cal. Dec. 12, 2000). The Ninth therefore make no change based on this interpreting similar language in 38 Circuit stated that ‘‘the district court comment. U.S.C. 101(29)(A), VA’s General Counsel was careful to prescribe temporal limits has concluded that service in a deep- on the effect of the consent decree, with Eligibility of Widows water vessel in waters offshore the which we agree.’’ Nehmer v. Veterans’ The commenter urged that the final Republic of Vietnam does not constitute Administration, 284 F.3d 1158, 1162 n.3 rule state that widows of in-country service ‘‘in the Republic of Vietnam.’’ (9th Cir. 2002). Vietnam veterans who died as a result (See VAOPGCPREC 27–97.) VA’s In its December 12, 2000, order, the of CLL are eligible for dependency and regulatory definition of ‘‘Service in the district court held that the 1991 indemnity compensation (DIC). This Republic of Vietnam’’ predates the

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enactment of section 1116(a)(3) (see under the Paperwork Reduction Act (44 ENVIRONMENTAL PROTECTION former 38 CFR 3.311a(a)(1)(1990)), and U.S.C. 3501–3521). AGENCY we find no basis to conclude that Executive Order 12866 Congress intended to broaden that 40 CFR Part 271 definition. The commenter cited no This final rule has been reviewed by [FRL–7575–1] authority for concluding that the Office of Management and Budget individuals who served in the waters under Executive Order 12866. West Virginia: Final Authorization of offshore of the Republic of Vietnam Regulatory Flexibility Act State Hazardous Waste Management were subject to the same risk of Program Revision herbicide exposure as those who served The Secretary hereby certifies that within the geographic boundaries of the this regulatory amendment will not AGENCY: Environmental Protection Republic of Vietnam, or for concluding have significant economic impact on a Agency (EPA). that offshore service is within the substantial number of small entities as ACTION: Immediate final rule. meaning of the statutory phrase they are defined in the Regulatory SUMMARY: ‘‘Service in the Republic of Vietnam.’’ Flexibility Act, 5 U.S.C. 601–612. The West Virginia has applied to We therefore make no change based on reason for this certification is that this EPA for final authorization of changes to this comment. amendment would not directly affect its hazardous waste program under the Resource Conservation and Recovery CLL and Non-Hodgkin’s Lymphoma any small entities. Only VA beneficiaries could be directly affected. Act (RCRA). EPA has determined that The commenter stated that because of Therefore, pursuant to 5 U.S.C. 605(b), these changes satisfy all requirements the common etiology and shared this amendment is exempt from the needed to qualify for final authorization symptoms between CLL and non- initial and final regulatory flexibility and is authorizing West Virginia’s Hodgkin’s lymphoma (NHL), all in- analysis requirements of 603 and 604. changes through this immediate final country Vietnam veterans who are action. EPA is publishing this rule to eligible for compensation because of Catalog of Federal Domestic Assistance authorize the changes without a prior NHL should also be eligible for CLL Numbers proposal because we believe this action is not controversial and do not expect diagnoses, treatment plans, and The Catalog of Federal Domestic comments that oppose it. Unless we compensation. Assistance program numbers are 64.109 receive written comments which oppose We disagree. While CLL and NHL and 64.110. may share certain traits and this authorization during the comment symptomatology, they are, nonetheless, List of Subjects in 38 CFR Part 3 period, the decision to authorize West distinct diagnostic entities, both of Virginia’s changes to its hazardous Administrative practice and waste program will take effect. If we which VA presumes to result from procedure, Claims, Disability benefits, herbicide exposure. We believe the receive comments that oppose this Health care, Pensions, Veterans, action, or portions thereof, we will responsibilities of diagnosing disease Vietnam. and establishing treatment plans must publish a document in the Federal rest with health care professionals. Approved: August 27, 2003. Register withdrawing the relevant Further, it would be improper and Anthony J. Principi, portions of this rule, before they take contrary to current statutes to provide Secretary of Veterans Affairs. effect, and a separate document in the proposed rules section of this Federal for automatic compensation for a ■ disease that the claimant may not even For the reasons set forth in the Register will serve as a proposal to have. Whether a veteran has one of preamble, 38 CFR part 3 is amended as authorize changes to West Virginia’s these conditions, or which one, must be follows: program that were the subject of adverse comment. established by competent medical PART 3—ADJUDICATION evidence. Therefore, no changes have DATES: This final authorization will been made based on this comment. Subpart A ‘‘Pension, Compensation, become effective on December 15, 2003, Based on the rationale set forth in the and Dependency and Indemnity unless EPA receives adverse written proposed rule document and this Compensation comments by November 17, 2003. If document, we are adopting the EPA receives any such comment, it will provisions of the proposed rule as a ■ 1. The authority citation for part 3, publish a timely withdrawal of this final rule without change. subpart A continues to read as follows: immediate final rule in the Federal Register and inform the public that this Unfunded Mandates Authority: 38 U.S.C. 501(a), unless otherwise noted. authorization, or portions thereof, will The Unfunded Mandates Reform Act not take effect as scheduled. ■ 2. In § 3.309, paragraph (e), the listing requires, at 2 U.S.C. 1532, that agencies ADDRESSES: Send written comments to of diseases is amended by adding prepare an assessment of anticipated Lillie Ellerbe, Mailcode 3WC21, RCRA ‘‘Chronic lymphocytic leukemia’’ costs and benefits before developing any State Programs Branch, U.S. EPA Region between ‘‘Hodgkin’s disease’’ and rule that may result in an expenditure III, 1650 Arch Street, Philadelphia, PA ‘‘Multiple myeloma’’ to read as follows: by State, local, or tribal governments, in 19103, Phone number: (215) 814–5454. the aggregate, or by the private sector, of § 3.309 Disease subject to presumptive Comments may also be submitted $100 million or more in any given year. service connection. electronically to [email protected] or This rule would have no such effect on * * * * * by facsimile at (215) 814–3163. State, local, or tribal governments, or the (e) * * * Comments in electronic format should private sector. identify this specific notice. You may Chronic lymphocytic leukemia inspect and copy West Virginia’s Paperwork Reduction Act * * * * * application from 8 a.m. to 4:30 p.m., at This document contains no provisions [FR Doc. 03–26252 Filed 10–15–03; 8:45 am] the following addresses: West Virginia constituting a collection of information BILLING CODE 8320–01–P Department of Environmental Protection

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(WVDEP), Division of Water and Waste the State is granted authorization to do we will withdraw that part of this rule, Management, 1356 Hansford Street, so. but the authorization of the program Charleston, WV 25301–1401, Phone changes that the comments do not C. What Is the Effect of Today’s number: (304) 558–2505, attn: Carroll oppose will become effective on the Authorization Decision? Cather, and EPA Region III, Library, 2nd date specified above. The Federal Floor, 1650 Arch Street, Philadelphia, This decision serves to authorize Register withdrawal document will PA 19103, Phone number: (215) 814– revisions to West Virginia’s authorized specify which part of the authorization 5254. hazardous waste program. This action will become effective, and which part is does not impose additional being withdrawn. FOR FURTHER INFORMATION CONTACT: requirements on the regulated Lillie Ellerbe, Mailcode 3WC21, RCRA community because the regulations for F. What Has West Virginia Previously State Programs Branch, U.S. EPA Region which West Virginia is being authorized Been Authorized for? III, 1650 Arch Street, Philadelphia, PA by today’s action are already effective Initially, West Virginia received final 19103, Phone number: (215) 814–5454. and are not changed by today’s action. authorization to implement its SUPPLEMENTARY INFORMATION: West Virginia has enforcement hazardous waste management program A. Why Are Revisions to State responsibilities under its State effective May 29, 1986 (51 FR 17739). Programs Necessary? hazardous waste program for violations EPA granted authorization for changes of its program, but EPA retains its to West Virginia’s regulatory program on States which have received final authority under RCRA sections 3007, May 10, 2000, effective July 10, 2000 (65 authorization from EPA under RCRA 3008, 3013, and 7003, which include, FR 29973). section 3006(b), 42 U.S.C. 6926(b), must among others, authority to: maintain a hazardous waste program • G. What Changes Are We Authorizing Perform inspections, and require With Today’s Action? that is equivalent to, consistent with, monitoring, tests, analyses or reports; and no less stringent than the Federal • Enforce RCRA requirements and On June 4, 2003, West Virginia program. As the Federal program suspend or revoke permits; and submitted a program revision changes to become more stringent or • Take enforcement actions regardless application, seeking authorization of broader in scope, States must change of whether West Virginia has taken its additional changes to its program in their programs and apply to EPA to own actions. accordance with 40 CFR 271.21. West authorize the changes. Authorization of Virginia’s revision application includes changes to State programs may be D. Why Wasn’t There a Proposed Rule various regulations which are necessary when Federal or State Before Today’s Rule? equivalent to, and no less stringent than, Statutory or regulatory authority is EPA did not publish a proposal before changes to the Federal hazardous waste modified or when certain other changes today’s rule because we view this as a program, as published in the Federal occur. Most commonly, States must routine program change and do not Register through March 8, 2000. We revise their programs because of expect comments that oppose this now make an immediate final decision, changes to EPA’s regulations in 40 Code approval. We are providing an subject to receipt of written comments of Federal Regulations (CFR) parts 124, opportunity for public comment now. In that oppose this action, the West 260 through 266, 268, 270, 273 and 279. addition to this rule, in the proposed Virginia’s hazardous waste program rules section of today’s Federal Register revision satisfies all of the requirements B. What Decisions Has EPA Made in necessary to qualify for final This Rule? we are publishing a separate document that proposes to authorize West authorization. Therefore, EPA grants EPA concludes that West Virginia’s Virginia’s program changes. If EPA West Virginia final authorization for the application to revise its authorized receives comments which oppose this following program changes: program meets all of the statutory and authorization, or portions thereof, that West Virginia seeks authority to regulatory requirements established by document will serve as a proposal to administer the Federal requirements RCRA. Therefore, we grant West authorize the changes to West Virginia’s that are listed in Table 1. This Table Virginia final authorization to operate program that were the subject of adverse lists the State analogs that are being its hazardous waste program with the comment. recognized as so less stringent than the changes described in its application for appropriate Federal requirements. program revisions, subject to the E. What Happens if EPA Receives Unless otherwise stated, the State’s procedures described in Section E, Comments That Oppose This Action? statutory references are to the West below. West Virginia has responsibility If EPA receives comments that oppose Virginia Code (W. Va. Code), 1994 for permitting treatment, storage, and this authorization, or portions thereof, Cumulative Supplement, Chapter 22– disposal facilities (TSDFs) within its we will withdraw this rule, or portions Environmental Resources, Article 1 borders and for carrying out the aspects thereof, as appropriate, by publishing a (Division of Environmental Protection), of the RCRA program described in its document in the Federal Register before Article 5 (Air Pollution Control), and application, subject to the limitations of the rule would become effective. EPA Article 18 (Hazardous Waste the Hazardous and Solid Waste will base any further decision on the Management Act). The regulatory Amendments of 1984 (HSWA). New authorization of West Virginia’s references are to the following Federal requirements and prohibitions program changes on the proposal Legislative Rules: Title 33, Series 20, imposed by Federal regulations that mentioned in the previous section. We Code of State Regulations (33CSR20), EPA promulgates under the authority of will then address all public comments ‘‘Hazardous Waste Management Rule’’, HSWA take effect in authorized States in a later final rule. You may not have effective July 1, 2001; 45CSR25, ‘‘To before they are authorized for the another opportunity to comment. If you Prevent and Control Air Pollution From requirements. Thus, EPA will want to comment on this authorization, Hazardous Waste Treatment, Storage, or implement those HSWA requirements you must do so at this time. Disposal Facilities,’’ effective July 1, and prohibitions for which West If we receive comments that oppose 2001; and 47CSR13 Underground Virginia has not been authorized, the authorization of a particular change Injection Control’’ effective June 1, including issuing HSWA permits, until to the State’s hazardous waste program, 2002.

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In particular, West Virginia is seeking requirements at 40 CFR 260.22, Revision radioactive mixed waste requirements, authority for the Federal Corrective Checklist 17B; post closure permit and Project XL rulemaking for Osi Action Program under HSWA as requirement and closure process Specialities, Inc., Sisterville, WV (aka addressed in Revision Checklists 17L, regulations (alternative to post-closure Crompton Corporation). 44A, B, C, and 121; Federal delisting rule), Revision Checklist 174; the

Description of Federal Requirement (Revision Checklists1) Analogous West Virginia Authority

Early Checklists

Consolidated Delisting Checklist, Hazardous Waste Management Sys- West Virgina Code (W. Va. Code) 1994 Cumulative Supplement tem: General 40 CFR 260.20 and 260.22 as of June 30, 1999 § § 22–18–6(a)(12), 22–1–3(c), 22–18–5(a), 22–18–6(a) and 22–18– (Incluides Revision Checklist 17B). 23, Hazardous Waste Management Regulations (HWMR) § § 33–20– 1.6, 33–20–2.1 and 33–20–2.4. Corrective Action, 50 FR 28702–28755, 7/15/85, Revision Checklist W. Va. Code § § 22–18–9(a) and 22–1–3(c), 22–18–9(b)(1)–(2), 22– 17L. 18–6(a)(4)(C), (F), (G), 22–18–7(e), 22–8–9(b)(2) HWMR § § 33–20– 1.6, 33–20–7.2, 33–20–11.1 and 33–20–11.23.

Non-HSWA IV/HSWA Cluster II 2

Permit Application Requirements Regarding Corrective Action, 52 FR W. Va. Code § § 22–1–3(c), 22–18–8(a), 22–18–9(a) and 22–18–23, 45788–45799, 12/1/87, Revision Checklist 44A. HWMR § § 33–20–1.6, 33–20–11.1. Corrective Action Beyond the Facility Boundary, 52 FR 45788–45799, W. Va. Code §§ 22–18–9(b) and 22–1–3(c), HWMR §§ 33–20–1.6, 33– 12/1/87, Revision Checklist 44B. 20–7.2. Corrective Action for Injection Wells, 52 FR 45788–45799, 12/1/87, Re- W. Va. Code § § 22–18–9(a), 22–18–8(a) and 22–18–9(a), 22–18–23, vision Checklist 44C. 47 CSR 13, § Interim Status for Class I RCRA Injection wells (47 CSR 13 § 7.3 (a–h), 47 CSR 13, § Class I RCRA Injection wells prohibited without a permit (47 CSR 13 §13.3), HWMR § § 33–20–1.6 and 33–20–11.23.

RCRA Cluster III

Corrective Action Management Units and Temporary Units, 52 FR W. Va. Code § § 22–18–9, 22–1–3(c), 22–18–5(a) 22–18–6(a) and 22– 8658–8685, 2/16/93, Revision Checklist 121. 18–23, HWMR § § 33–20–1.6, 33–20–2.1, 33–20–7.2, 33–20–8.1, 33–20–10.1, and 33–20–11.1.

RCRA Cluster VIII

Land Disposal Restrictions Phase III—Emergency Extension of the W. Va. Code § § 22–18–5(a), 22–18–6(a), (a)(12)(A), (B), (D), 22–18– K088 National Capacity Variance, Amendment, 62 FR 37694–37699, 23 and 22–1–3(c), HWMR § § 33–20–1.6 and 33–20–10.1. 7/14/97, Revision Checklist 160. Emergency Revision of the Carbamate Land Disposal Restrictions, 62 W. Va. Code § § 22–18–5(a), 22–18–6(a), (a)(12)(A), (B), (D), 22–18– FR 45568, 8/28/97, Revision Checklist 161. 23 and 22–1–3(c), HWMR § § 33–20–1.6 and 33–20–10.1. Kraft Mill Stream Stripper Condensate Exclusion, 63 FR 18504–18751, W. Va. Code § § 22–18–6(a), (a)(2)&(12), 22–1–3(c), 22–18–5(a), and 4/15/98, Revision Checklist 164. 22–18–23, HWMR § § 33–20–1.6, and 33–20–3.1, 45 CSR 25 § 45– 25–1.5a (Table 25–A, Item 20). Recycled Used Oil Management Standards; Technical Correction and W. Va. Code § § 22–18–6(a)(14), 22–18–6(a)(15) and 22–1–3(c), Clarification 63 FR 24963–24969, 5/5/98 as amended 7/14/98, at 63 HWMR § § 33–20–1.6, 33–20–3.1 and 33–20–14.1. FR 37780–37782, Revision Checklist 166. Petroleum Refining Process Wastes, 63 FR 42110–42189, 8/6/98, Re- W. Va. Code § § 22–18–5(a), 22–18–6(a), (a)(12)(A), (B), (D), 22–1– vision Checklist 169. 3(c), 22–18–23, HWMR § § 33–20–1.6, 33–20–3.1, 33–20–10.1, 33– 20–3.1a through 3.1.a.3, 33–20–9, 45 CSR 25, § 45–25–1.5.a (Table 25–A, Item 20).

RCRA Cluster IX

Land Disposal Restrictions Phase IV—Zinc Micronutrient Fertilizers, W. Va. Code § § 22–18–5(a), 22–18–6(a), (a)(12)(A), (B), (D), 22–18– Amendment 63 FR 46332–46334, 8/31/98, Revision Checklist 170. 23 and 22–1–3(c), HWMR § § 33–20–1.6 and 33–20–10.1. Emergency Revision of the Land Disposal Restrictions (LDR) Treat- W. Va. Code § § 22–18–5(a), 22–18–6(a), (a)(12)(A), (B), (D), 22–18– ment Standards for Listed Hazardous Wastes from Carbamate Pro- 23, and 22–1–3(c), HWMR § § 33–20–1.6 and 33–20–10.1. duction, 63 FR 47410–47418, 9/4/98, Revision Checklist 171. Land Disposal Restrictions Phase IV—Extension of Compliance Date W. Va. Code § § 22–18–5(a), 22–18–6(a), (a)(12)(A), (B), (D), 22–18– for Characteristic Slags, 63 FR 48124–48127, 9/9/98, Revision 23, and 22–1–3(c), HWMR § § 33–20–1.6 and 33–20–10.1. Checklist 172. Land Disposal Restrictions; Treatment Standards for Spent Potliners W. Va. Code § § 22–18–5(a), 22–18–6(a), (a)(12)(A), (B) & (D), 22–18– from Primary Aluminum Reduction (K088); Final Rule, 63 FR 51254– 23 and 22–1–3(c), HWMR § § 33–20–1.6, 33–20–10.1. 51267, 9/24/98, Revision Checklist 173. Post-Closure Permit Requirements and Closure Process, 63 FR W. Va. Code § § 22–18–6(a) & (a)(5), 22–1–3(c), 22–18–5(a), 22–18– 56710–56735, 10/22/98, Revision Checklist 174. 23, 22–18–14(f), 22–18–15 and 22–18–17(c), HWMR § § 33–20–1.6, 33–20–7.2, 33–20–8.1, 33–20–11.1. HWIR-Media, 63 FR 65874–65947, 11/30/98, Revision Checklist 175 ... W. Va. Code § § 22–18–6(a), (a)(2), (a)(5)&(12), 22–1–3(c), 22–18– 5(a), 22–18–23, 22–18–9, 22–18–20 HWMR § § 33–20–1.6, 33–20– 2.1 33–20–3.1, 33–20–7.2, 33–20–8.1, 33–20–10–1, 33–20–11.1, 45 CSR 25, § 45–25–1.5.a (Table 25–A, Item 20). Universal Waste Rule—Technical Amendments, 63 FR 71225–71230, W. Va. Code § § 22–1–3(c), 22–18–5(a), 22–18–6(a), 22–18–23 12/24/98, Revision Checklist 176. HWMR § § 33–20–1.6, 33–20–13.1, 33–20–9.

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Description of Federal Requirement (Revision Checklists1) Analogous West Virginia Authority

Organic Air Emission Standards: Clarification and Technical Amend- W. Va. Code §§22–1–3(c), 22–5.1, 22–18–6(a), 22–18–6(a)(13) ments, 64 FR 3382, 1/21/99, Revision Checklist 177. (A)&(B), 22–18–23, HWMR §§33–20–1.6, 33–20–3.1. 33–20–5.1, 33–20–7.2, 33–20–7.8, 33–20–8.1, 33–20–8.6, 33–20–11.1, 45 CSR 25, §§45–25–1.1.a, 45–25–1.1.b, 45–25–1.5a (Table 25–A, Items 6, 7, 8, 9, 10, 11 and 21). Petroleum Refining Process Wastes—Leachate Exemption, 64 FR W. Va. Code §§22–18–6(a), (a)(2)&(12) 22–1–3(c), 22–18–5(a), 22– 6806, 2/11/99, Revision Checklist 178. 18–23, HWMR §§33–20–1.6, 33–20–3.1, 45 CSR 25, § 45–25–1.5.a (Table 25–A, Item 20). Land Disposal Restrictions Phase IV—Technical Corrections and Clari- W. Va. Code §§22–18–6(a), (a)(2)&(12)(A), (B), (D), 22–1–3(c), 22– fications to Treatment Standards, 64 FR 25408–25417, 5/11/99, Re- 18–5(a), 22–18–23, HWMR §§33–20–1.6, 33–20–3.1, 33–20–5.1, vision Checklist 179. 33–20–10.1, 45 CSR 25, 45–25–1.5.a (Table 25–A, Item 20). Test Procedures for the Analysis of Oil and Grease and Non-Polar Ma- W. Va. Code §§22–1–3(c), 22–18–5(a), 22–18–6(a), 22–18–23, terial, 64 FR 26315–26327, 5/14/99. Revision Checklist 180. HWMR §§33–20–1.6, 33–20–2.1.

RCRA Cluster X

Hazardous Air Pollutant Standards for Combustors, 64 FR 52828– W. Va. Code §§22–18–6(a), (a)(2) (5), (12), (13), 22–1–3(c), 22–18– 53077, 9/30/99, as amended 11/19/99, at 64 FR 63209–63213, Revi- 5(a), 22–18–23, HWMR §§33–20–1.6, 33–20–3.1, 33–20–1.10, 45 sion Checklist 182. CSR 25, § 45–25–1.5a (Table 25–A, Item 20) and 1.5.c. Accumulation Time for Waste Water Treatment Sludges, 65 FR 12378– W. Va. Code §§22–18–6(a)&(a)(3), 22–1–3(c), 22–18–5(a), 22–18–23, 12398, 3/8/00, Revision Checklist 184. HWMR § 33–20–5.5.

Radioactive Mixed Waste

Hazardous Components of Radioactive Mixed Wastes, 51 FR 24504, W. Va. Code §§22–18–3(16) 22–18–6(a)(2), HWMR §§33–20–1.6, 7/3/86. and 33–20–3.1.

Project XL

Project XL Site-Specific Rulemaking for Osi Specialities, Inc., W. Va. Code §§22–1–3(c), 22–5–1, 22–18–6(a), (a)(12), and Sisterville, WV, 63 FR 49384, as amended 9/15/98 and 63 FR (a)(13)(A)&(B), 45 CSR 25, § 45–25–1.5.a (Table 25–A, Item 10). 53844, 10/7/98. 1 A Revision Checklist is a document that addresses the specific changes made to the Federal regulations by one or more related final rules published in the Federal Register. EPA develops these checklists as tools to assist States in developing their authorization applications and in documenting specific State analogs to the Federal Regulations. For more information see EPA’s RCRA State Authorization Web page at http:// www.epa.gov/epaoswer/hazwaste/state. 2 A RCRA ‘‘Cluster’’ is a set of Revision Checklists for Federal rules, typically promulgated between July 1 and June 30 of the following year.

H. Where Are the Revised West Virginia’s program would be beyond the in order to maintain consistency. EPA Virginia Rules Different From the scope of the Federal program. will not issue any additional new Federal Rules? 2. At HWMR § 33–20–2.4.b West permits or new portions of permits for Virginia regulations require a petitioner the provisions listed in Section G after The West Virginia hazardous waste for a delisting to pay an initial non- the effective date of this authorization. program contains certain provisions refundable application fee of $1000 and EPA will continue to implement and which are beyond the scope of the allow the Director to recover all issue permits for HSWA requirements Federal program. These broader in reasonable costs attributable to the for which West Virginia is not yet scope provisions are not part of the review and investigation of such authorized. program being authorized by today’s petition in excess of the initial fee. J. How Does Today’s Action Affect action. EPA cannot enforce Since the Federal program does not requirements which are broader in Indian Country (18 U.S.C. 115) in West require application fees to be submitted Virginia? scope, although compliance with such with a delisting petition, the collection provisions is required by West Virginia of such fees is beyond the scope of the West Virginia is not seeking law. Examples of broader in scope Federal program. authorization to protect the program on provisions of West Virginia’s program Indian lands, since there are no include, but are not limited to, the I. Who Handles Permits After This Federally-recognized Indian Lands in following: Authorization Takes Effect? West Virginia. 1. At HWMR § 33–20–2.4.c, West After authorization, West Virginia K. What Is Codification and Is EPA Virginia provides for the acceptance of will issue permits for all the provisions Codifying West Virginia’s Hazardous an EPA determination granting a for which it is authorized and will Waste Program as Authorized in This petition to exclude hazardous waste, administer the permits it issues. EPA Rule? provided that certain conditions are will continue to administer any RCRA met. If such conditions are not met, and hazardous waste permits or portions of Codification is the process of placing West Virginia does not accept EPA’s permits which it issued prior to the the State’s statutes and regulations that delisting of the hazardous waste, the effective date of this authorization. Until comprise the State’s authorized waste would still be considered a such time as formal transfer of EPA hazardous waste program into the Code hazardous waste under West Virginia’s permit responsibility to West Virginia of Federal Regulations. EPA does this by regulations, even though such waste occurs and EPA terminates its permit, referencing the authorized State rules in would not be considered a hazardous EPA and West Virginia agree to 40 CFR part 272. EPA reserves the waste by EPA. In this respect, West coordinate the administration of permits amendment of 40 CFR part 272, subpart

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XX, for this authorization of West because it is not a significant regulatory Atmospheric Administration (NOAA), Virginia’s program changes until a later action is defined in EO 12866. 9. Commerce. date. National Technology Transfer ACTION: Final rule; correction Advancement Act—EPA approves State L. Statutory and Executive Order programs as long as they meet criteria SUMMARY: NMFS published a final rule Reviews required by RCRA, so it would be in the Federal Register on October 2, This rule only authorizes hazardous inconsistent with applicable law for 2003, concerning the final initial 2003 waste requirements pursuant to RCRA EPA, in its review of a State program, fishing year specifications for the 3006 and imposes no requirements to require the use of any particular Atlantic bluefin tuna (BFT) fishery to set other than those imposed by State law voluntary consensus standard in place BFT quotas for each of the established (see SUPPLEMENTARY INFORMATION: of another standard that meets the fishing categories, to set General Section A. Why are Revisions to State requirements of RCRA. Thus, section category effort controls, to allocate 25 Programs Necessary?). Therefore, this 12(d) of the National Technology metric tons (mt) of BFT to account for rule complies with applicable executive Transfer and Advance Act does not incidental catch of BFT by pelagic orders and statutory provisions as apply to this rule. 10. Congressional longline vessels ‘‘in the vicinity of the follows: Review Act—EPA will submit a report management boundary area,’’ to define 1. Executive Order 12866: Regulatory containing this rule and other the management boundary area and Planning Review—The Office of information required by the applicable restrictions, and to revise Management and Budget has exempted Congressional Review Act (5 U.S.C. 801 permit requirements to allow General this rule from its review under et seq.) to the U.S. Senate, the U.S. category vessels to participate in Executive Order (EO) 12866. 2. House of Representatives, and the registered recreational Highly Migratory Paperwork Reduction Act—This rules Comptroller General of the United Species (HMS) fishing tournaments and does not impose an information States prior to publication in the to allow permit applicants a 10-calendar collection burden under the Paperwork Federal Register. A major rule cannot day period to make permit category Reduction Act. 3. Regulatory Flexibility take effect until 60 days after it is changes to correct potential errors. The Act—After considering the economic published in the Federal Register. This document contained an error in the impacts of today’s rule on small entities action is not a ‘‘major rule’’ as defined DATES section. under the Regulatory Flexibility Act, I by 5 U.S.C. 804(2). This action will be FOR FURTHER INFORMATION CONTACT: Brad certify that this rule will not have a effective on December 15, 2003. McHale at (978) 281–9260. significant economic impact on a SUPPLEMENTARY INFORMATION: substantial number of small entities. 4. List of Subjects in 40 CFR Part 271 Unfunded Mandates Reform Act— Environmental protection, Correction Because this rule approves pre-existing Administrative practice and procedure, In the Federal Register of October 2, requirements under State law and does Confidential business information, 2003, in FR Vol. 68, No. 191, page not impose any additional enforceable Hazardous waste, Hazardous waste 56783, in the third column, correct the duty beyond that required by State law, transportation, Indian lands, DATES caption to read: it does not contain any unfunded Intergovernmental relations, Penalties, DATES: This rule is effective mandate or significantly or uniquely Reporting and recordkeeping November 3, 2003. The final initial affect small governments, as described requirements. quota specifications and General in the Unfunded Mandates Reform Act. category effort controls are effective Authority: This action is issued under the 5. Executive Order 13132: Federalism— November 3, 2003, through May 31, EO 12132 does not apply to this rule authority of sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as 2004. because it will not have federalism amended, 42 U.S.C. 6912(a), 6926, 6974(b). implications (i.e., substantial direct Dated: October 10, 2003. effects on the States, on the relationship Dated: October 7, 2003. Rebecca J. Lent, between the national government and Donald S. Welsh, Deputy Assistant Administrator for the States, or on the distribution of Regional Administrator, EPA Region III. Regulatory Programs, National Marine power and responsibilities among the [FR Doc. 03–26047 Filed 10–15–03; 8:45 am] Fisheries Service. [FR Doc. 03–26201 Filed 10–15–03; 8:45 am] various levels of government). 6. BILLING CODE 6560–50–M Executive Order 13175: Consultation BILLING CODE 3510–22–S and Coordination with Indian Tribal Governments—EO 13175 does not apply DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE to this rule because it will not have tribal implications (i.e., substantial National Oceanic and Atmospheric National Oceanic and Atmospheric direct effects on one or more Indian Administration Administration tribes, on the relationship between the Federal government and Indian tribes, 50 CFR Part 635 50 CFR Part 679 or on the distribution of power and [Docket No. 030613152-3235-02; I.D. [Docket No. 021212306–2306–01; I.D. responsibilities between the Federal 051903B] Government and Indian tribes). 7. 101003A] RIN 0648–AQ38 Executive Order 13045: Protection of Fisheries of the Exclusive Economic Children from Environmental Health & Atlantic Highly Migratory Species; Zone Off Alaska; Pacific Cod by Safety Risks—This rule is not subject to Atlantic Bluefin Tuna Quota Vessels Catching Pacific Cod for EO 13045 because it is not economically Specification, General Category Effort Processing by the Offshore significant and it is not based on health Controls, and Permit Revisions; Component in the Central Regulatory or safety risks. 8. Executive Order Correction Area of the Gulf of Alaska 13211: Actions that Significantly Affect Energy Supply, Distribution, or Use— AGENCY: National Marine Fisheries AGENCY: National Marine Fisheries This rule is not subject to EO 13211 Service (NMFS), National Oceanic and Service (NMFS), National Oceanic and

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Atmospheric Administration (NOAA), cod for processing by the offshore (AA), finds good cause to waive the Commerce. component in the Central Regulatory requirement to provide prior notice and ACTION: Modification of a closure. Area of the GOA at 2400 hrs, October 1, opportunity for public comment 2003 (68 FR 57636, October 6, 2003). pursuant to the authority set forth at 5 SUMMARY: NMFS is reopening directed NMFS has determined that, U.S.C. 553(b)(B) as such requirement is fishing for Pacific cod by vessels approximately 560 mt of Pacific cod contrary to the public interest. This catching Pacific cod for processing by remain in the directed fishing requirement is impracticable and the offshore component in the Central allowance. Therefore, in accordance contrary to the public interest as it Regulatory Area of the Gulf of Alaska with §§ 679.25(a)(1)(i) and (a)(2)(iii)(D), would prevent the Agency from (GOA) for 48 hours. This action is and to fully utilize the Pacific cod responding to the most recent fisheries necessary to fully use the total allowable apportioned to vessels catching Pacific data in a timely fashion and delay the catch (TAC) of Pacific cod apportioned cod for processing by the offshore opening of the fishery for Pacific cod to vessels catching Pacific cod for component in the Central Regulatory apportioned to vessels catching Pacific processing by the offshore component in Area, NMFS is terminating the previous cod for processing by the offshore the Central Regulatory Area. closure and is reopening directed component in the Central Regulatory DATES: Effective 1200 hrs, Alaska local fishing for Pacific cod by vessels Area, thus reducing the public’s ability time (A.l.t.), October 12, 2003, through catching Pacific cod for processing by to use and enjoy the fishery resource. 1200 hrs, A.l.t., October 14, 2003. the offshore component in the Central The AA also finds good cause to FOR FURTHER INFORMATION CONTACT: Josh Regulatory Area of the GOA. In waive the 30–day delay in the effective Keaton, 907–586–7228. accordance with § 679.20(d)(1)(iii), the date of this action under 5 U.S.C. SUPPLEMENTARY INFORMATION: NMFS Regional Administrator finds that this 553(d)(3). This finding is based upon manages the groundfish fishery in the directed fishing allowance will be the reasons provided above for waiver of GOA exclusive economic zone reached after 48 hours. Consequently, prior notice and opportunity for public according to the Fishery Management NMFS is prohibiting directed fishing for comment. Plan for Groundfish of the Gulf of Pacific cod by vessels catching Pacific This action is required by § 679.20 Alaska (FMP) prepared by the North cod for processing by the offshore and is exempt from review under Pacific Fishery Management Council component in the Central Regulatory Executive Order 12866. under authority of the Magnuson- Area of the GOA effective 1200 hrs, Authority: 16 U.S.C. 1801 et seq. Stevens Fishery Conservation and A.l.t., October 14, 2003. Dated: October 10, 2003. Management Act. Regulations governing Classification fishing by U.S. vessels in accordance Bruce C. Morehead, with the FMP appear at subpart H of 50 This action responds to the best Acting Director, Office of Sustainable CFR part 600 and 50 CFR part 679. available information recently obtained Fisheries, National Marine Fisheries Service. NMFS closed the directed fishery for from the fishery. The Assistant [FR Doc. 03–26193 Filed 10–10–03; 3:10 pm] Pacific cod by vessels catching Pacific Administrator for Fisheries, NOAA, BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 68, No. 200

Thursday, October 16, 2003

This section of the FEDERAL REGISTER three copies) to: Docket No. 00–035–2, There are no known effective methods contains notices to the public of the proposed Regulatory Analysis and Development, for treating trees or other plant material issuance of rules and regulations. The PPD, APHIS, Station 3C71, 4700 River infected with plum pox, nor are there purpose of these notices is to give interested Road Unit 118, Riverdale, MD 20737– any known effective prophylactic persons an opportunity to participate in the 1238. Please state that your comment treatments to prevent the disease from rule making prior to the adoption of the final rules. refers to Docket No. 00–035–2. If you occurring in trees exposed to the disease use e-mail, address your comment to due to their proximity to infected trees [email protected]. Your or other plant material. Without DEPARTMENT OF AGRICULTURE comment must be contained in the body effective treatments, the only option for of your message; do not send attached preventing the spread of the disease is Animal and Plant Health Inspection files. Please include your name and the destruction of infected and exposed Service address in your message and ‘‘Docket trees and other plant material. No. 00–035–2’’ on the subject line. On March 2, 2000, as a result of the 7 CFR Part 301 You may read any comments that we detection of plum pox in Adams County, PA, the Secretary of Agriculture [Docket No. 00–035–2] receive on this docket in our reading room. The reading room is located in published in the Federal Register (65 RIN 0579–AB19 room 1141 of the USDA South Building, FR 11280–11281, Docket No. 00–001–1) 14th Street and Independence Avenue a declaration of extraordinary Plum Pox Compensation SW., Washington, DC. Normal reading emergency regarding plum pox that was AGENCY: Animal and Plant Health room hours are 8 a.m. to 4:30 p.m., effective on January 20, 2000. The Inspection Service, USDA. Monday through Friday, except declaration of extraordinary emergency was followed by an interim rule ACTION: Proposed rule. holidays. To be sure someone is there to help you, please call (202) 690–2817 published in the Federal Register on SUMMARY: We are proposing to amend before coming. June 2, 2000 (65 FR 35261–35265, Docket No. 00–034–1), that established the plum pox compensation regulations APHIS documents published in the regulations quarantining a portion of to provide additional compensation to Federal Register, and related Adams County, PA, due to the detection affected growers, under certain information, including the names of of plum pox in that region 1 and conditions. We are proposing to provide organizations and individuals who have restricting the interstate movement of additional compensation to growers commented on APHIS dockets, are certain articles from the quarantined who have already been paid under the available on the Internet at http:// area that present a risk of transmitting existing regulations, which provide for www.aphis.usda.gov/ppd/rad/ plum pox (e.g., trees, seedlings, root payments based on a 3-year fallow webrepor.html. period, but who are prohibited from stock, budwood, branches, twigs, and replanting regulated articles for a total FOR FURTHER INFORMATION CONTACT: Mr. leaves of susceptible Prunus spp.). That of more than 3 years due to additional Stephen Poe, Operations Officer, interim rule, which established a new detections of plum pox in areas already Program Support Staff, PPQ, APHIS, ‘‘Subpart-Plum Pox’’ (7 CFR 301.74 under quarantine. Such growers would 4700 River Road Unit 134, Riverdale, through 301.74–4), was promulgated on be paid compensation for up to 2 MD 20737–1236; (301) 734–8247. an emergency basis to prevent the additional years. We are also proposing SUPPLEMENTARY INFORMATION: spread of plum pox to noninfested areas to provide additional compensation to of the United States. growers who are direct marketers of Background On September 14, 2000, we published their fruit, and to provide compensation Plum pox is an extremely serious viral in the Federal Register (65 FR 55431– for growers who have had trees that disease of plants that can affect many 55436, Docket No. 00–035–1) another were less than 1 year old destroyed. We Prunus (stone fruit) species, including interim rule that established regulations are proposing these actions in response plum, peach, apricot, almond, nectarine, to provide for the payment of to issues that have surfaced during our and sweet and tart cherry. A number of compensation to owners of commercial 2 years of experience in managing the wild and ornamental Prunus species stone fruit orchards and fruit tree plum pox quarantine and paying may also be susceptible to this disease. nurseries who had stone fruit trees or compensation to affected growers. These Infection eventually results in severely nursery stock destroyed in order to proposed changes are necessary to reduced fruit production, and the fruit control plum pox. Those compensation provide adequate compensation to that is produced is often misshapen and provisions, which were added to persons affected by the plum pox blemished. In Europe, plum pox has ‘‘Subpart-Plum Pox’’ as a new § 301.74– quarantine and eradication efforts been present for a number of years and 5, were necessary to reduce the associated with the quarantine. is considered to be the most serious economic effect of the plum pox DATES: We will consider all comments disease affecting susceptible Prunus quarantine on affected commercial that we receive on or before December varieties. Plum pox virus is transmitted growers and nursery owners, thus 15, 2003. locally by a variety of aphid species, as ensuring the continued cooperation of ADDRESSES: You may submit comments well as by budding and grafting with growers and nursery owners with the by postal mail/commercial delivery or infected plant material, and spreads 1 The particular strain of plum pox found in the by e-mail. If you use postal mail/ over longer distances through quarantined area in Adams County, PA—the ‘‘D’’ commercial delivery, please send four movement of infected budwood, nursery strain—is not known to be transmitted by seed or copies of your comment (an original and stock, and other plant parts. fruit, and is not known to infect cherry.

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survey and eradication activities being respectively, if the losses result from an replanted orchard for its entire conducted by the U.S. Department of action performed pursuant to an productive life of 25 years. To calculate Agriculture’s (USDA’s) Animal and emergency action notification (EAN) the NPV of an orchard (both original Plant Health Inspection Service (APHIS) issued by APHIS. and replanted orchards), we used and the Pennsylvania Department of The regulations provide, among other discounted cash flow analysis, which Agriculture (PDA). things, that owners of commercial stone takes into account the quantity, fruit orchards will be compensated on a variability, and duration of the Existing Compensation Regulations per-acre basis at a rate based on the age forecasted income stream over a Under the regulations in § 301.74–5 of the trees destroyed and a 3-year specified income projection period. (referred to below as the regulations), prohibition on the replanting of host Each year’s net income is discounted owners of commercial stone fruit trees. The compensation to be paid by back to a present worth figure at the orchards and owners of fruit tree USDA is based on the loss in value of appropriate, market-derived discount nurseries are eligible to receive the destroyed orchard. The loss in value rate. The valuation model can be compensation for losses associated with is calculated as the difference between expressed in the following equation the destruction of trees in order to the net present value (NPV) of the form, where Y = net income, r = control plum pox and the prohibition on original (destroyed) orchard over a 25- discount rate, and n = number of years the movement or sale of nursery stock, year life cycle minus the NPV of the in the discount period:

Y Y Y Y NPV = 1 + 2 + 3 ++... n ()111+ r 1 ()+ r 2 ()+ r 3 () 1+ r n

To calculate NPV using the above described above. The State of (number of bushels) per acre by the equation, we had to determine net Pennsylvania has indicated that State price per bushel, then subtracted income, discount rate, and the number funds will be used to make up the production costs. The estimation of net of years in the discount period. Each of remaining difference in value. In no income is based on the 1995–1998 these inputs is discussed below. case will total USDA plus State average Pennsylvania peach production, The rate of compensation to be paid compensation exceed 100 percent of the price, and yield data from the by USDA is set at up to 85 percent of difference in value. Pennsylvania Agricultural Statistics the difference in value between the Net income. To determine per-acre Service. destroyed and replacement orchards as net income, we multiplied the yield

Peach price Yield Income Year ($/bushel) (bushel/acre) ($ per acre)

1995 ...... 13.65 275.9 3,766 1996 ...... 16.50 254.5 4,199 1997 ...... 16.85 254.5 4,288 1998 ...... 15.85 236.4 3,747

1995–98 average ...... 15.71 255.3 4,010

The calculation of the variable costs of production is based on the following estimates:

Type of cost Year incurred Costs

Land preparation ...... Year 0 ...... $395 per acre. Planting ...... Year 1 ...... $1,303 per acre. Orchard maintenance during preproductive year ...... Year 2 ...... $222 per acre. Orchard maintenance during productive years ...... Years 3–25 ...... $899/year per acre. Harvest cost ...... Years 4–25 ...... $1.75 per bushel.

Discount rate. The discount rate used Using the information and prompt execution of measures deemed in the present value calculation is 12.5 methodology set forth in the preceding necessary to control or eradicate plant percent, which is the risk-adjusted rate paragraphs, we arrived at the per-acre pests, § 301.74–5(b)(1) of the regulations estimated to be appropriate in this compensation rates set forth in provides that compensation payments situation. § 301.74–5(b)(1) of the current will be reduced by 10 percent, plus any Number of years in discount period. regulations. The amounts of tree removal costs incurred by the State The NPV was calculated using a life compensation for destroyed trees range or USDA, if the trees subject to an EAN cycle approach. The revenues and costs from $3,713 per acre for a 25-year-old were not destroyed by the date specified were calculated over a period equal to block of trees to $15,000 per acre for a on that order. the expected productive life of a 7-year-old block of trees. Finally, The existing regulations also: (1) replanted orchard, which, as noted because compensation programs are Provide that owners of fruit tree previously, is 25 years. intended, in part, to encourage the nurseries will be compensated for up to

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85 percent of the net revenues lost from additional compensation to growers consumers as tree-ripened fruit. None of their first and second year crops as the since they will not be able to plant host the fruit produced on acreage devoted to result of the issuance of an EAN, and (2) species for additional years. The amount direct market production is sold for stipulate procedures for applying for of additional compensation has been processing or to packing houses, nor is compensation and require that premises determined to be $828 per acre for a it marketed wholesale. on which trees have been destroyed fourth fallow year and $736 per acre for Direct market growers usually because of plum pox pursuant to an a fifth fallow year. These amounts are produce a wide variety of fruit (both EAN issued by APHIS may not be based on extending the same formula species and varieties) to enable them to replanted with susceptible Prunus we used to calculate the original 3-year satisfy the needs of their customers species (Prunus species identified as compensation rate to apply to fourth through an extended marketing season. regulated articles) for 3 years. and fifth fallow years. In the event these growers are not able Proposed Changes to the Compensation We are proposing to provide to use their own fruit (e.g., as a result Regulations additional payments in those amounts of their orchards being destroyed due to to growers who have already received Extension of Prohibition of Replanting the presence of plum pox) they are compensation payments, and to provide normally precluded from obtaining fruit In December 2001, a science panel 2 those same amounts to growers who are from other sources. The conditions concluded that the prohibition on due compensation in the future. under which these growers are eligible replanting host material at locations Note: APHIS does not intend to propose to sell their products at farmers markets where orchards had been destroyed due additional compensation in the future if usually require that sellers be the to the presence of plum pox should be additional plum pox positive trees are found producers of the fruits and vegetables and the ban on replanting must be extended extended due to recent detections of they are selling. plum pox-positive trees during the further. The maximum amount of second year. As a result of these compensation per acre that a grower could We have reviewed information on detections, replanting cannot occur at receive under any circumstances would be production costs and revenues for direct affected sites for an additional 3 years. the total payment due for 5 fallow years market growers, and believe it is according to the age of the trees. Since the existing regulations in necessary to increase the rates of § 301.74–5(d) do not make it clear that The revised compensation rates are payment to these growers in order to replanting should be banned in a shown in proposed § 301.74–5(b)(1)(ii) fairly compensate them. The formulas regulated area until 3 years after the in the rule portion of this document. used to calculate the original amount of most recent detection of plum pox in compensation due to such growers New Provisions for Direct Market would remain the same, and the that area, we are proposing to amend the Growers regulations to clarify that fact. discount rates would not be changed. As explained earlier in this document, The current compensation regulations The difference in payments for direct the calculations on which the currently contain no provisions for ‘‘direct market marketers versus other growers would authorized rates of compensation are growers.’’ Direct market growers are be due primarily to the high value of based were designed to account for a 3- growers who produce fruit and sell the sales by direct marketers, despite the year period during which growers could fruit themselves for premium prices at fact that they bear additional costs that not replant Prunus species in farmers markets. Typically, the acreage other growers do not. The net income quarantined areas. Given the detections involved in production for these for direct marketers are based on the of additional plum pox-positive trees, purposes is small, and all of the fruit income and cost figures presented in we believe it is necessary to provide produced is for sale directly to tables 1 and 2:

TABLE 1.—CALCULATION OF INCOME PER ACRE FOR DIRECT MARKETERS

Price Peach price Yield Income Year ($ per pound) ($ per bushel) (bushel per acre) ($ per acre)

1998 ...... $1.69 81.13 273.1 $22,156 1999 ...... 1.66 79.92 321.3 25,678 2000 ...... 1.65 79.03 378.0 29,873

3-year average ...... 1.67 80.02 324.1 25,902

TABLE 2.—VARIABLE COSTS OF PRODUCTION FOR DIRECT MARKETERS

Type of cost Year incurred Costs

Land preparation ...... Year 0 ...... $395 per acre. Planting ...... Year 1 ...... 1,303 per acre. Maintenance (pre-productive years) ...... Year 2 ...... 222 per acre. Maintenance (productive years) ...... Years 3–25 ...... 1,376 per year, per acre. Harvest ...... Years 4–25 ...... 1.75 per bushel, per year. Marketing costs ...... Years 4–25 ...... 21,304 per year.

2 Agricultural Research Service, and university The science panel was composed of scientists. representatives of APHIS, PDA, USDA’s

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As with per-acre net income for all years, where applicable, at rates of $828 Summary of Economic Analysis other growers, to determine per-acre net per acre for a fourth fallow year and We are proposing to amend the plum income for direct marketers, we $736 per acre for a fifth fallow year. pox compensation regulations to multiplied the yield (number of bushels) Compensation will be paid using provide additional compensation to per acre by the price per bushel, then funds transferred to APHIS by the affected growers, under certain subtracted production costs. The Commodity Credit Corporation of conditions. We are proposing to provide estimation of net income is based on USDA. For any acres that are added to additional compensation to growers data provided by a direct marketer for the plum pox quarantine program after who have already been paid under the the 1998, 1999, and 2000 production September 30, 2004, the Federal share of existing regulations, which provide for seasons. compensation to be paid may change. payments based on a 3-year fallow Given the difference in net income period, but who are prohibited from between other growers and direct Benefits of Compensation replanting regulated articles for a total marketers, we are proposing to The benefit of providing of more than 3 years due to additional compensate direct marketers at the rates compensation is the increased detections of plum pox in areas already shown in proposed § 301.74–5(b)(1)(i) in likelihood that growers with infected the rule portion of this document. Like under quarantine. Such growers would orchards will participate in the plum be paid compensation for up to 2 the rates for other growers discussed pox eradication program. The use of earlier in this document, the rates for additional years. We are also proposing compensation complements and to provide additional compensation to direct marketers would also include supports the regulatory goal of provisions to pay compensation for growers who are direct marketers of preventing disease spread. More so than their fruit, and to provide compensation fourth and fifth fallow years if in other pest eradication programs, the necessary. for growers who have had trees that specific characteristics of plum pox were less than 1 year old destroyed. We We propose to pay growers direct necessitate the use of compensation to market rates of compensation only if the are proposing these actions in response obtain growers’ cooperation in the to issues that have surfaced during our orchard owner grows fruit exclusively control of the immediate disease for sale in farmers markets or similar 2 years of experience in managing the outbreak and the ensuing national plum pox quarantine and paying outlets as described in the proposed survey. regulations. We would not pay compensation to affected growers. These Because the manner in which PPV compensation at direct marketer rates to proposed changes are necessary to spreads is not predictable, the growers who sell any portion of their provide adequate compensation to eradication strategy necessarily calls for harvest to wholesale markets, nor would persons affected by the plum pox we pay direct marketer compensation the destruction of trees that are quarantine and eradication efforts rates to growers who sell most of their asymptomatic. Growers, on their own, associated with the quarantine. fruit wholesale and who sell some of would not have the incentive to cut This proposed rule would amend the their fruit at roadside fruit stands or down trees that appear uninfected as regulations to provide additional similar venues. would be necessary in an eradication compensation in the event a quarantine program. period is extended according to an EAN Additional Compensation for Without government intervention, issued by APHIS. The fallow period Destruction of Trees Less Than 1 Year growers would opt to keep producing as may be increased by 1 or 2 years Old long as trees remain symptom-free. The depending on the proximity of the land The current regulations do not eradication strategy calling for the swift to recent finds of the plum pox virus. By contain provisions for compensation for destruction of both diseased and delaying the time at which growers can the destruction of trees less than 1 year exposed trees causes economic losses in replant, the longer fallow period old (known as ‘‘0 year trees’’). However, addition to that resulting from the increases the loss to growers. We are we have concluded that growers who disease. For these reasons, the payment proposing to increase the amount of have such trees destroyed because of of compensation would reflect the compensation to account for the longer plum pox deserve to be compensated for incremental burdens of complying with fallow period. the loss of those trees and the revenue regulatory requirements insofar as Plum pox has been detected in some that might be expected from them. This market forces would not otherwise areas near orchards that were removed is based on our determination that impose similar costs. in the initial year of the eradication growers incur costs in ground Executive Order 12866 and Regulatory program. This has led to a need for preparation, the cost of nursery stock, Flexibility Act additional fallow years for those acres. and the expense of planting and A fallow period of 3 years from the last maintaining these trees. This proposed rule has been reviewed find is needed to conclude that plum After examining the economic under Executive Order 12866. The rule pox has been eradicated. The maximum information obtained from the has been determined to be significant amount of compensation to be paid Pennsylvania State University and the for the purposes of Executive Order would be for 5 fallow years. For Pennsylvania State Adams County 12866 and, therefore, has been reviewed orchards removed in 2002, we Cooperative Extension Service, we have by the Office of Management and anticipate that only a 3-year fallow concluded that a fair rate of Budget. period will be needed if no further plum compensation for these trees is $2,403 We have prepared an economic pox is discovered. per acre for all growers, including direct analysis for this proposed rule. The Compensation payments are based on marketers. This amount represents the economic analysis is summarized calculating the difference between the 85 percent Federal share, and is the below. Copies of the full analysis are amount a grower could earn from the same for all growers because all available by contacting the person listed original orchard minus the amount that growers, including direct marketers, under FOR FURTHER INFORMATION the grower could earn from a replanted incur similar costs for 0 year trees. CONTACT, or may be viewed on the orchard after a fallow period. A longer Growers of 0 year trees would also be Internet at http://www.aphis.usda.gov/ fallow period results in higher compensated for fourth and fifth fallow ppd/rad/plumpox.pdf. compensation payments because of the

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additional time it takes until growers per acre for a three year fallow period. We are soliciting comments from the have productive trees. There are at least 43 acres of zero year public (as well as affected agencies) The payment to commercial growers trees that have been removed as part of concerning our proposed information for 2 additional fallow years would be the plum pox eradication program; total collection and recordkeeping $828 per acre for the fourth year and payments to growers of zero year trees requirements. These comments will $736 per acre for the fifth year ($1,564 would increase by $103,329. help us: total per acre). The total number of acres As stated earlier in this document, (1) Evaluate whether the proposed that would currently be eligible for these proposed changes are necessary to information collection is necessary for additional payments because of the provide adequate compensation to the proper performance of our agency’s added fallow years is 1,400. The persons affected by the plum pox functions, including whether the estimated cost if all acres are eligible for quarantine and eradication efforts information will have practical utility; 2 additional years is $2,189,600. associated with the quarantine. Persons (2) Evaluate the accuracy of our Total additional payments for direct affected by the quarantine would, in all estimate of the burden of the proposed marketers range from $264,472 to cases, benefit from adoption of this information collection, including the $348,452 depending on the number of proposed rule. validity of the methodology and fallow years a direct marketer would be Under these circumstances, the assumptions used; required to wait before replanting. Table Administrator of the Animal and Plant (3) Enhance the quality, utility, and 7, page 15 summarizes the range of Health Inspection Service has clarity of the information to be payments. Payments to direct marketers determined that this action would not collected; and for the first three fallow years would have a significant economic impact on increase by $10,172 per acre from the a substantial number of small entities. (4) Minimize the burden of the base amount that growers receive. Direct information collection on those who are marketers were eligible to receive the Executive Order 12372 to respond (such as through the use of same payments as other growers so the This program/activity is listed in the appropriate automated, electronic, $10,172 represents the additional Catalog of Federal Domestic Assistance mechanical, or other technological payment. Because they are among the under No. 10.025 and is subject to collection techniques or other forms of last trees that have been removed, a Executive Order 12372, which requires information technology; e.g., permitting three year fallow period should be intergovernmental consultation with electronic submission of responses). sufficient to demonstrate that plum pox State and local officials. (See 7 CFR part Estimate of burden: Public reporting has been eradicated. However, in the 3015, subpart V.) burden for this collection of information event that additional fallow years are is estimated to average 0.6667 hours per Executive Order 12988 necessary due new detections of plum response. pox, direct marketers would be This proposed rule has been reviewed Respondents: Owners of stone fruit compensated for up to 5 (total) fallow under Executive Order 12988, Civil orchards and fruit tree nurseries in years. They would receive $1,710 per Justice Reform. If this proposed rule is Pennsylvania. acre for a fourth year and $1,520 per adopted: (1) All State and local laws and Estimated annual number of acre for a fifth year. There are regulations that are inconsistent with respondents: 3. this rule will be preempted; (2) no approximately 26 acres of trees used for Estimated annual number of retroactive effect will be given to this direct marketing that have been responses per respondent: 1. removed as part of the plum pox rule; and (3) administrative proceedings Estimated annual number of eradication program; total payments to will not be required before parties may responses: 3. direct marketers would increase by file suit in court challenging this rule. Estimated total annual burden on $264,472, assuming the fallow period Paperwork Reduction Act does not need to be extended. A four respondents: 2 hours. (Due to averaging, year fallow period for direct marketers In accordance with section 3507(d) of the total annual burden hours may not would result in payments of $11,882 per the Paperwork Reduction Act of 1995 equal the product of the annual number acre ($10,172 + $1,710). Total payments (44 U.S.C. 3501 et seq.), the information of responses multiplied by the reporting for 26 acres would be $308,932. A five collection or recordkeeping burden per response.) year fallow period for direct marketers requirements included in this proposed Copies of this information collection would result in payments of $13,402 per rule have been submitted for approval to can be obtained from Mrs. Celeste acre ($10,172+$1,710+$1,520). Total the Office of Management and Budget Sickles, APHIS’ Information Collection payments for 26 acres would be (OMB). Please send written comments Coordinator, at (301) 734–7477. to the Office of Information and $348,452. Government Paperwork Elimination Regulatory Affairs, OMB, Attention: This proposed rule also addresses the Act Compliance issue of trees less than one year old. Desk Officer for APHIS, Washington, DC Some growers have received destruction 20503. Please state that your comments The Animal and Plant Health orders for trees that had been planted refer to Docket No. 00–035–2. Please Inspection Service is committed to the same year. These trees did not go send a copy of your comments to: (1) compliance with the Government through one harvest season and are Docket No. 00–035–2, Regulatory Paperwork Elimination Act (GPEA), sometimes referred to as zero year trees. Analysis and Development, PPD, which requires Government agencies in The original compensation program APHIS, Station 3C71, 4700 River Road general to provide the public the option made no provision for these trees. Unit 118, Riverdale, MD 20737–1238, of submitting information or transacting However, growers that have had trees and (2) Clearance Officer, OCIO, USDA, business electronically to the maximum less than one year old destroyed have room 404–W, 14th Street and extent possible. For information incurred costs. Based on input from Independence Avenue SW., pertinent to GPEA compliance related to cooperative extension agents and Washington, DC 20250. A comment to this proposed rule, please contact Mrs. Pennsylvania State University, we have OMB is best assured of having its full Celeste Sickles, APHIS’ Information concluded that a fair rate of effect if OMB receives it within 30 days Collection Coordinator, at (301) 734– compensation for these trees is $2,403 of publication of this proposed rule. 7477.

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List of Subjects in 7 CFR Part 301 emergency action notification issued by accordance with paragraph (c) of this Agricultural commodities, Plant the Animal and Plant Health Inspection section. diseases and pests, Quarantine, Service (APHIS). (ii) All other orchard owners. Orchard Reporting and recordkeeping (i) Direct marketers. Orchard owners owners eligible for compensation under requirements, Transportation. eligible for compensation under this this paragraph who do not meet the Accordingly, we propose to amend 7 paragraph who market all fruit they requirements of paragraph (a)(1)(i) of CFR part 301 as follows: produce under the conditions described this section are eligible for in this paragraph may receive compensation only in accordance with PART 301—DOMESTIC QUARANTINE compensation at the rates specified in paragraph (b)(1)(ii) of this section. NOTICES paragraph (b)(1)(i) of this section. In * * * * * order to be eligible to receive (b) * * * 1. The authority citation for part 301 compensation at the rates specified in (1) Owners of commercial stone fruit would continue to read as follows: paragraph (b)(1)(i) of this section, orchards.—(i) Direct marketers. Owners Authority: 7 U.S.C. 7701–7772; 7 CFR 2.22, orchard owners must have marketed of commercial stone fruit orchards who 2.80, and 371.3. fruit produced in orchards subsequently APHIS has determined meet the Section 301.75–15 also issued under Sec. destroyed because of plum pox under eligibility requirements of paragraph 204, Title II, Pub. L. 106–113, 113 Stat. 1501A–293; sections 301.75–15 and 301.75– the following conditions: (a)(1)(i) of this section will be 16 also issued under Sec. 203, Title II, Pub. (A) The fruit must have been sold compensated according to the following L. 106–224, 114 Stat. 400 (7 U.S.C. 1421 exclusively at farmers markets or similar table on a per-acre basis at a rate based note). outlets that require orchard owners to on the age of the trees destroyed. If the 2. In § 301.74–5, paragraphs (a)(1), sell only fruit that they produce; trees were not destroyed by the date specified on the emergency action (b)(1), (c)(1), (c)(2) and (d) would be (B) The fruit must not have been notification, the compensation payment revised and a new paragraph (c)(3) marketed wholesale or at reduced prices will be reduced by 10 percent and by would be added to read as follows: in bulk to supermarkets or other retail any tree removal costs incurred by the outlets; § 301.74–5 Compensation. State or the U.S. Department of (a) * * * (C) The fruit must have been marketed Agriculture (USDA). The maximum (1) Owners of commercial stone fruit directly to consumers; and USDA compensation rate is 85 percent orchards. Owners of commercial stone (D) Orchard owners must have of the loss in value, adjusted for any fruit orchards are eligible to receive records documenting that they have met State-provided compensation to ensure compensation for losses associated with the requirements of this section, and total compensation from all sources the destruction of trees in order to must submit those records to APHIS as does not exceed 100 percent of the loss control plum pox pursuant to an part of their application submitted in in value.

Maximum compensation rate Maximum addi- Maximum addi- ($/acre, equal to tional compensa- tional compensa- Age of trees (years) 85% of loss in tion ($/acre, tion ($/acre, value) based on equal to 85% of equal to 85% of 3-year fallow pe- loss in value) for loss in value) for riod 4th fallow year 5th fallow year

Less than 1 ...... $2,403 $828 $736 1 ...... 9,584 1,710 1,520 2 ...... 13,761 1,710 1,520 3 ...... 17,585 1,710 1,520 4 ...... 21,888 1,710 1,520 5 ...... 25,150 1,710 1,520 6 ...... 25,747 1,710 1,520 7 ...... 25,859 1,710 1,520 8 ...... 25,426 1,710 1,520 9 ...... 24,938 1,710 1,520 10 ...... 24,390 1,710 1,520 11 ...... 23,774 1,710 1,520 12 ...... 23,080 1,710 1,520 13 ...... 22,300 1,710 1,520 14 ...... 21,422 1,710 1,520 15 ...... 20,434 1,710 1,520 16 ...... 19,323 1,710 1,520 17 ...... 18,185 1,710 1,520 18 ...... 17,017 1,710 1,520 19 ...... 15,814 1,710 1,520 20 ...... 14,572 1,710 1,520 21 ...... 13,287 1,710 1,520 22 ...... 12,066 1,710 1,520 23 ...... 10,915 1,710 1,520 24 ...... 9,620 1,710 1,520 25 ...... 8,163 1,710 1,520

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(ii) All other orchard owners. Owners destroyed. If the trees were not maximum USDA compensation rate is of commercial stone fruit orchards who destroyed by the date specified on the 85 percent of the loss in value, adjusted meet the eligibility requirements of emergency action notification, the for any State-provided compensation to paragraph (a)(1)(ii) of this section will compensation payment will be reduced ensure total compensation from all be compensated according to the by 10 percent and by any tree removal sources does not exceed 100 percent of following table on a per-acre basis at a costs incurred by the State or the U.S. the loss in value. rate based on the age of the trees Department of Agriculture (USDA). The

Less than 1 ...... $2,403 $828 $736 1 ...... 4,805 828 736 2 ...... 7,394 828 736 3 ...... 9,429 828 736 4 ...... 12,268 828 736 5 ...... 14,505 828 736 6 ...... 14,918 828 736 7 ...... 15,000 828 736 8 ...... 14,709 828 736 9 ...... 14,383 828 736 10 ...... 14,015 828 736 11 ...... 13,601 828 736 12 ...... 13,136 828 736 13 ...... 12,613 828 736 14 ...... 12,024 828 736 15 ...... 11,361 828 736 16 ...... 10,616 828 736 17 ...... 9,854 828 736 18 ...... 9,073 828 736 19 ...... 8,272 828 736 20 ...... 7,446 828 736 21 ...... 6,594 828 736 22 ...... 5,789 828 736 23 ...... 5,035 828 736 24 ...... 4,341 828 736 25 ...... 3,713 828 736

* * * * * accompanying inventory that describes Done in Washington, DC, this 10th day of (c) * * * the acreage and ages of trees removed, October 2003. (1) Claims by owners of stone fruit and documentation verifying that the Bill Hawks, orchards who are direct marketers. The destruction of trees has been completed Under Secretary for Marketing and Regulatory completed application must be and the date of that destruction. Programs. accompanied by: (3) Claims by owners of fruit tree [FR Doc. 03–26174 Filed 10–15–03; 8:45 am] (i) A copy of the emergency action nurseries. The completed application BILLING CODE 3410–34–P notification ordering the destruction of must be accompanied by a copy of the the trees and its accompanying order prohibiting the sale or movement inventory that describes the acreage and of the nursery stock, its accompanying DEPARTMENT OF AGRICULTURE ages of trees removed; inventory that describes the total (ii) Documentation verifying that the number of trees and the age and variety, Agricultural Marketing Service destruction of trees has been completed and documentation describing the final and the date of that destruction; and disposition of the nursery stock. 7 CFR Parts 1000, 1001, 1005, 1006, (iii) Records documenting that the (d) Replanting. Trees of susceptible 1007, 1030, 1032, 1033, 1124, 1126, grower meets the eligibility Prunus species (i.e., Prunus species 1131, and 1135 requirements of paragraph (a)(1)(i) of identified as regulated articles) may not this section. be replanted on premises within a [Docket No. AO–14–A72, et al.; DA–03–08] (2) Claims by owners of commercial contiguous quarantined area until 3 stone fruit orchards who are not direct years from the date the last trees within Milk in the Northeast and Other marketers. The completed application that area were destroyed because of Marketing Areas; Notice of Hearing on must be accompanied by a copy of the plum pox pursuant to an emergency Proposed Amendments to Tentative emergency action notification ordering action notification issued by APHIS. Marketing Agreements and Orders; the destruction of the trees, its * * * * * Correction

7 CFR Part Marketing Area AO Nos.

1001 ...... Northeast ...... AO–14–A72

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7 CFR Part Marketing Area AO Nos.

1005 ...... Appalachian ...... AO–388–A13 1006 ...... Florida ...... AO–356–A36 1007 ...... Southeast ...... AO–366–A42 1030 ...... Upper Midwest ...... AO–361–A37 1032 ...... Central ...... AO–313–A46 1033 ...... Mideast ...... AO–166–A70 1124 ...... Pacific Northwest ...... AO–368–A33 1126 ...... Southwest ...... AO–231–A66 1131 ...... Arizona-Las Vegas ...... AO–271–A38 1135 ...... Western ...... AO–380–A20

AGENCY: Agricultural Marketing Service, 2. On page 52862 under ‘‘Proposal No. effective ADs. That review determined USDA. 2’’, first column, § 1000.40, paragraph that AD 87–16–02 was not published in ACTION: Proposed rule; correction. (d)(1)(i) is corrected to read as follows: the Federal Register to make it effective to all operators, as opposed to just the SUMMARY: The Agricultural Marketing § 1000.40 Classes of utilization. operators who received actual notice of Service is correcting the proposed rule * * * * * the original AD. We are proposing this that appeared in the Federal Register on (d) * * * AD to prevent propeller blade September 8, 2003 (68 FR 52860), which (1) * * * separation near the hub, which could gave notice of a public hearing to be (i) Butter; result in engine separation from the held to consider proposals to amend the * * * * * airplane. Northeast and other Federal milk Authority: 7 U.S.C. 601–674. marketing orders. The document was DATES: We must receive any comments published with errors in the regulatory Dated: October 9, 2003. on this proposed AD by December 15, text of proposed amendments to A.J. Yates, 2003. § 1000.40 that would reclassify milk Administrator, Agricultural Marketing ADDRESSES: Use one of the following used to produce evaporated or Service. addresses to submit comments on this sweetened condensed milk in a [FR Doc. 03–26178 Filed 10–15–03; 8:45 am] proposed AD: consumer-type package from Class III to BILLING CODE 3410–02–P • By mail: Federal Aviation Class IV. This docket corrects these Administration (FAA), New England errors. Region, Office of the Regional Counsel, FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF TRANSPORTATION Attention: Rules Docket No. 2003–NE– Antoinette M. Carter, Marketing 44–AD, 12 New England Executive Park, Specialist, Order Formulation and Federal Aviation Administration Burlington, MA 01803–5299. • By fax: (781) 238–7055. Enforcement, USDA/AMS/Dairy • Programs, Room 2971—Stop 0231, 1400 14 CFR Part 39 By e-mail: 9-ane- [email protected]. Independence Avenue, SW., [Docket No. 2003–NE–44–AD] Washington, DC 20250–0231, (202) 690– You may examine the AD docket, by 3465, e-mail address: RIN 2120–AA64 appointment, at the FAA, New England [email protected]. Region, Office of the Regional Counsel, Airworthiness Directives; Hartzell 12 New England Executive Park, SUPPLEMENTARY INFORMATION: A notice Propeller Inc. Models HC–B5MP–3C/ Burlington, MA. of hearing was published in the Federal M10876K Propellers FOR FURTHER INFORMATION CONTACT: Register on September 8, 2003 (68 FR Melissa Bradley, Aerospace Engineer, 52860), containing four proposals to be AGENCY: Federal Aviation Chicago Aircraft Certification Office, considered at a public hearing Administration (FAA), DOT. FAA, Small Airplane Directorate, 2300 scheduled to begin on October 21, 2003. ACTION: Notice of proposed rulemaking East Devon Avenue, Des Plaines, IL As published, the regulatory text (NPRM). 60018; telephone: (847) 294–8110; fax: included in proposals one and two of (847) 294–7834. the notice of hearing does not reflect SUMMARY: The FAA proposes to amendments that became effective April supersede an existing airworthiness SUPPLEMENTARY INFORMATION: directive (AD) for Hartzell Propeller Inc. 1, 2003, in all 11 Federal milk marketing Comments Invited orders revising the Class III and Class IV Model HC–B5MP–3C/M10876K pricing formulas. Accordingly, the propellers, installed on Short Brothers We invite you to submit any written errors contained in proposals one and Model SD3–60 airplanes. That AD relevant data, views, or arguments two of the notice of hearing are currently requires initial and repetitive regarding this proposal. Send your misleading and need clarification. removal, disassembly, inspection, and comments to an address listed under 1. On page 52862 under ‘‘Proposal No. rework if necessary of Hartzell Propeller ADDRESSES. Include ‘‘AD Docket No. 1’’, first column, § 1000.40, paragraph Inc. Model HC–B5MP–3C/M10876K 2003–NE–44–AD’’ in the subject line of (d)(1)(i) is corrected to read as follows: propellers until blades are replaced with your comments. If you want us to new design blades, no later than March acknowledge receipt of your mailed § 1000.40 Classes of utilization. 31, 1988. This proposed AD would comments, send us a self-addressed, * * * * * require installation of new design blades stamped postcard with the docket (d) * * * before further flight, on Hartzell number written on it; we will date- (1) * * * Propeller Inc. Models HC–B5MP–3C/ stamp your postcard and mail it back to (i) Butter; M10876K propellers. This proposed AD you. We specifically invite comments * * * * * is prompted by a review of all currently on the overall regulatory, economic,

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environmental, and energy aspects of type design. Therefore, we are List of Subjects in 14 CFR Part 39 the proposed AD. If a person contacts us proposing this AD, which would require Air transportation, Aircraft, Aviation verbally, and that contact relates to a installation of new design blades before safety, Safety. substantive part of this proposed AD, further flight, on Hartzell Propeller Inc. we will summarize the contact and Models HC–B5MP–3C/M10876K The Proposed Amendment place the summary in the docket. We propellers. Accordingly, under the authority will consider all comments received by Changes to 14 CFR Part 39—Effect on delegated to me by the Administrator, the closing date and may amend the the Proposed AD the Federal Aviation Administration proposed AD in light of those proposes to amend 14 CFR part 39 as comments. On July 10, 2002, we published a new follows: We are reviewing the writing style we version of 14 CFR part 39 (67 FR 47997, currently use in regulatory documents. July 22, 2002), which governs the FAA’s PART 39—AIRWORTHINESS We are interested in your comments on AD system. This regulation now DIRECTIVES whether the style of this document is includes material that relates to altered 1. The authority citation for part 39 clear, and your suggestions to improve products, special flight permits, and continues to read as follows: the clarity of our communications that alternative methods of compliance. This affect you. You may get more material previously was included in Authority: 49 U.S.C. 106(g), 40113, 44701. information about plain language at each individual AD. Since this material § 39.13 [Amended] http://www.faa.gov/language and http:// is included in 14 CFR part 39, we will 2. The FAA amends § 39.13 by adding www.plainlanguage.gov. not include it in future AD actions. a new airworthiness directive, to read as Examining the AD Docket Costs of Compliance follows: You may examine the AD Docket We anticipate that all affected Hartzell Propeller Inc.: Docket No. 2003– (including any comments and service propellers have complied with Priority NE–44–AD. Supersedes Priority Letter information), by appointment, between Letter AD 87–16–02 and have the new AD 87–16–02. 8 a.m. and 4:30 p.m., Monday through design blades installed. Therefore, we Comments Due Date Friday, except Federal holidays. See estimate the total cost of the proposed (a) The Federal Aviation Administration ADDRESSES for the location. AD to U.S. operators to be $0. However, (FAA) must receive comments on this if replacement of the blades is airworthiness directive (AD) action by Discussion necessary, we estimate that it would December 15, 2003. On July 31, 1987, the FAA issued take about 25 work hours per propeller Affected ADs Priority Letter AD 87–16–02. That AD to perform the proposed actions, and requires initial and repetitive removal, (b) This AD supersedes Priority Letter AD that the average labor rate is $65 per 87–16–02. disassembly, inspection, and, if work hour. Required parts would cost necessary, rework of Hartzell Propeller about $4,300 per propeller blade. Based Applicability Inc. Models HC–B5MP–3C/M10876K on these figures, we estimate the total (c) This AD applies to Hartzell Propeller propellers until the existing blades are cost of the proposed AD per propeller Inc. Model HC–B5MP–3C/M10876K replaced with new design blades. That would be $23,125. propellers. These propellers are installed on, AD requires replacement of the existing but not limited to, Short Brothers Model blades with new design blades by March Regulatory Findings SD3–60 airplanes. 31, 1988. That action was prompted by We have determined that this Unsafe Condition reports of fatigue cracks and corrosion proposed AD would not have federalism (d) This AD is prompted a review of all in propeller blades. That condition, if implications under Executive Order currently effective ADs. That review not corrected, could result in propeller 13132. This proposed AD would not determined that AD 87–16–02 was not blade separation near the hub, which have a substantial direct effect on the published in the Federal Register to make it could result in separation of the engine States, on the relationship between the effective to all operators, as opposed to just from the airplane. national Government and the States, or the operators who received actual notice of on the distribution of power and the original AD. We are issuing this AD to Actions Since AD 87–16–02 Was Issued prevent propeller blade separation near the responsibilities among the various hub, which could result in engine separation Since that AD was issued, we have levels of government. from the airplane. reviewed all currently effective ADs. We For the reasons discussed above, I found that Priority Letter AD 87–16–02 certify that the proposed regulation: Compliance was not published in the Federal 1. Is not a ‘‘significant regulatory (e) You are responsible for having the Register to make it effective to all action’’ under Executive Order 12866; actions required by this AD performed within operators, as opposed to just the 2. Is not a ‘‘significant rule’’ under the the compliance times specified unless the operators who received the original AD. DOT Regulatory Policies and Procedures actions have already been done. We anticipate that all affected propellers (44 FR 11034, February 26, 1979); and Required Actions have the new design blades installed. 3. Would not have a significant (f) Before further flight, replace propeller However, we are issuing this proposed economic impact, positive or negative, blades Model M10876K with blades Model rule to ensure that all affected propellers on a substantial number of small entities M10876ASK. are updated with new design propeller under the criteria of the Regulatory (g) After the effective date of this AD, do blades. Flexibility Act. not install propeller blades Model M10876K We prepared a summary of the costs on any airplane. FAA’s Determination and Requirements to comply with this proposal and placed Alternative Methods of Compliance of the Proposed AD it in the AD Docket. You may get a copy (h) The Manager, Chicago Aircraft We have evaluated all pertinent of this summary by sending a request to Certification Office, has the authority to information and identified an unsafe us at the address listed under approve alternative methods of compliance condition that is likely to exist or ADDRESSES. Include ‘‘AD Docket No. for this AD if requested using the procedures develop on other products of this same 2003–NE–44–AD’’ in your request. found in 14 CFR 39.19.

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Material Incorporated by Reference public hearing to submit an outline of regulations at 38 CFR 17.111 concerning (i) None. the topics to be addressed. As of Friday, the computation of copayments for October 10, 2003, no one has requested extended care services provided to Related Information to speak. Therefore, the public hearing veterans either directly by VA or (j) None. scheduled for Tuesday, October 21, obtained by contract. These copayments 2003, is cancelled. were established under the Veterans Issued in Burlington, Massachusetts, on Millennium Health Care and Benefits October 8, 2003. LaNita Van Dyke, Act (Pub. L. 106–117) and codified at 38 Francis A. Favara, Acting Chief, Publications and Regulations U.S.C. 1710B(c). Acting Manager, Engine and Propeller Branch, Legal Processing Division, Associate This proposed rule enhances and Directorate, Aircraft Certification Service. Chief Counsel (Procedure and Administration). clarifies the mechanism for calculating [FR Doc. 03–26118 Filed 10–15–03; 8:45 am] the copayment amount. The statute set [FR Doc. 03–26216 Filed 10–15–03; 8:45 am] BILLING CODE 4910–13–P forth at 38 U.S.C. 1710B(d)(2) provides: BILLING CODE 4830–01–P The Secretary shall develop a methodology for establishing the amount of the copayment DEPARTMENT OF THE TREASURY for which a veteran [receiving extended care DEPARTMENT OF VETERANS services] is liable. That methodology shall Internal Revenue Service AFFAIRS provide for— (A) establishing a maximum monthly 26 CFR Part 301 38 CFR Part 17 copayment (based on all income and assets RIN 2900–AL49 of the veteran and the spouse of such [REG–141669–02] veteran); RIN 1545–BB41 Copayments for Extended Care (B) protecting the spouse of a veteran from financial hardship by not counting all of the Services Waiver of Information Reporting income and assets of the veteran and spouse AGENCY: Department of Veterans Affairs. (in the case of a spouse who resides in the Penalties-Determining Whether community) as available for determining the Correction Is Prompt ACTION: Proposed rule. copayment obligation; and (C) allowing the veteran to retain a AGENCY: SUMMARY: We propose to amend VA’s Internal Revenue Service (IRS), monthly personal allowance. Treasury. medical regulations by modifying Under the current rule, a veteran is ACTION: Cancellation of notice of public provisions regarding the methodology of hearing on proposed rulemaking. computing copayments for extended obligated to pay the copayment only if care services provided to veterans. This the veteran and the veteran’s spouse SUMMARY: This document provides proposal enhances the protection of have available resources. Available notice of cancellation of a public veterans’ spouses by not counting resources means the sum of the value of hearing on proposed regulations certain assets as available resources for the liquid assets, fixed assets, and providing guidance on the requirement computing these copayments. Other income of the veteran and the veteran’s of prompt correction of the failure to file non-substantive changes are proposed spouse minus the sum of the veteran or file correctly. for purposes of clarification. allowance and the spousal allowance. Liquid assets and fixed assets are DATES: The public hearing originally DATES: Comments must be received on scheduled for Tuesday, October 21, or before December 15, 2003. included in the calculations only if the veteran has been receiving extended 2003, at 10 a.m., is cancelled. ADDRESSES: Mail or hand-deliver care services for 181 days or more. FOR FURTHER INFORMATION CONTACT: written comments to: Director, Expenses are included in the veterans Treena Garrett of the Publications and Regulations Management (00REG1), allowance calculations only if the Regulations Branch, Legal Processing Department of Veterans Affairs, 810 veteran has been receiving extended Division, Associate Chief Counsel Vermont Ave., NW., Room 1068, care services for 180 days or less, the (Procedure and Administration), (202) Washington, DC 20420; or fax comments veteran is receiving only adult day 622–3401 (not a toll-free number). to (202) 273–9026; or e-mail comments health care or other noninstitutional SUPPLEMENTARY INFORMATION: A notice to [email protected]. care, or the veteran has a spouse or of proposed rulemaking and notice of Comments should indicate that they are dependent residing in the community public hearing that appeared in the submitted in response to ‘‘RIN 2900– who is not institutionalized. These Federal Register on Wednesday, July 9, AL49.’’ All comments received will be formulas are designed to allow the 2003, (68 FR 40857), announced that a available for public inspection in the veteran, the veteran’s spouse, and the public hearing was scheduled for Office of Regulation Policy and veteran’s dependents minimum Tuesday, October 21, 2003, at 10 a.m. in Management, Room 1063B, between the amenities while allowing them to retain the Auditorium, Internal Revenue hours of 8 a.m. and 4:30 p.m., Monday some of their possessions to help them Service Building, 1111 Constitution through Friday (except holidays). Please maintain, to a degree, their standard of Avenue, NW., Washington, DC. The call (202) 273–9515 for an appointment. living. Also, these formulas are intended subject of the public hearing is proposed FOR FURTHER INFORMATION CONTACT: to help ensure that veterans regulations under sections 6721 and Donna Canada, Chief Business Office institutionalized for 180 days or less 6724 of the Internal Revenue Code. The (161), at (202) 254–0324 and Daniel would have the means to return home public comment period for these Schoeps, Geriatrics and Extended Care if their medical condition permits. proposed regulations expired on (114), at (202) 273–8540. Both are The current regulation has different Tuesday, October 7, 2003. Outlines of officials in the Veterans Health provisions on what is included in oral comments were due on Tuesday, Administration, 810 Vermont Avenue ‘‘available resources’’ depending on September 30, 2003. NW., Washington, DC 20420. (These are whether or not the veteran has been The notice of proposed rulemaking not toll free numbers.) receiving extended care services for and notice of public hearing, instructed SUPPLEMENTARY INFORMATION: We more than 180 days. We propose to those interested in testifying at the propose to amend VA’s medical clarify the provisions by which we

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compute ‘‘available resources.’’ So, for deducted from ‘‘available resources’’ if Regulatory Flexibility Act veterans who have been receiving the veteran has been receiving extended The Secretary hereby certifies that extended care services for 180 days or care services for more than 180 days. this regulatory amendment will not less, we propose to determine their This amount would not be deducted have a significant economic impact on available resources by adding their from ‘‘available resources’’ if the veteran a substantial number of small entities as income and the income of their spouse has been receiving extended care they are defined in the Regulatory and then subtracting from that the sum services for 180 days or less because Flexibility Act (RFA), 5 U.S.C. 601–612. of the veterans allowance, the spousal ‘‘liquid assets’’ are not included in This amendment would not affect any allowance, and expenses. For veterans ‘‘available resources’’ in that case. small entities. Only individuals could who have been receiving extended care Fourth, we propose to remove from be directly affected. Therefore, pursuant services for 181 days or more, we the definition of ‘‘veterans allowance’’ to 5 U.S.C. 605(b), this amendment is propose to determine their available the inclusion of expenses in certain exempt from the initial and final resources by adding the value of their situations because, as discussed above, regulatory flexibility analysis liquid assets, their fixed assets, and we propose to include expenses in the requirements of sections 603 and 604. their income and the income of their computation of ‘‘available resources’’ spouse, minus the sum of the veterans contained in paragraph (d)(1) of Catalog of Federal Domestic Assistance allowance, the spousal allowance, the § 17.111. We propose this change to Numbers spousal resource protection amount, simplify the methodology in The Catalog of Federal Domestic and (but only if the veteran is receiving determining ‘‘available resources.’’ Assistance numbers for the programs noninstitutional care or the veteran has Further, we propose to clarify in affected by this document are 64.005, a spouse or a dependent residing in the paragraph (d)(1) of § 17.111 that the 64.007, 64.008, 64.009, 64.010, 64.011, community who is not institutionalized) income, assets, expenses and allowance 64.012, 64.013, 64.014, 64.015, 64.016, expenses. We believe this will clarify of legally separated spouses are 64.018, 64.019, 64.022, and 64.025. what resources veterans have available excluded from ‘‘available resources.’’ for purposes of determining the The current rule provides that, unless List of Subjects in 38 CFR Part 17 appropriate copayment. exempted, a veteran must report Administrative practice and We also propose to clarify in the changes to the veteran or spouse’s procedure, Alcohol abuse, Alcoholism, definition of ‘‘expenses’’ that expenses situation that would change the Claims, Day care, Dental health, Drug include (1) insurance premiums of the copayment obligation (i.e., changes abuse, Foreign relations, Government veteran and the veteran’s spouse and regarding fixed assets, liquid assets, contracts, Grant programs-health, Grant dependents, and (2) personal property expenses, income, or whether the programs-veterans, Health care, Health taxes, not just income taxes. veteran has a spouse or dependents facilities, Health professions, Health Further, in the definition of ‘‘liquid residing in the community) to a VA records, Homeless, Medical and dental assets,’’ we propose to exclude medical facility within 10 days of the schools, Medical devices, Medical household and personal items such as change. We propose to add a change in research, Mental health programs, furniture, clothing, and jewelry when marital status to the list of items, which, Nursing homes, Philippines, Reporting the veteran’s spouse or the veteran’s if changed, would require the veteran to and recordkeeping requirements, dependents are living in the community report to VA the change. A change in Scholarships and fellowships, Travel or the veteran is receiving marital status might affect the and transportation expenses, Veterans. noninstitutional extended care services. copayment obligation and thus must be Approved: July 9, 2003. Currently, household and personal reported. items are included in liquid assets even Anthony J. Principi, if the veteran’s spouse or dependents Paperwork Reduction Act Secretary of Veterans Affairs. are living in the community or the The Office of Management and Budget For the reasons set out in the veteran is receiving noninstitutional have approved the collections of preamble, VA proposes to amend 38 extended care services. This will further information requirements related to this CFR part 17 as set forth below: protect the veteran, spouse and rulemaking proceeding under OMB dependents from financial hardship if control number 2900–0629. PART 17—MEDICAL they are living in the community. VA Form 10–10EC, set forth in 38 Unfunded Mandates 1. The authority citation for part 17 CFR 17.111(g), currently requires The Unfunded Mandates Reform Act continues to read as follows: including art, rare coins, stamp requires, at 2 U.S.C. 1532, that agencies Authority: 38 U.S.C. 501, 1721, unless collections, and collectibles in liquid prepare an assessment of anticipated otherwise noted. assets. We propose to refer to this costs and benefits before developing any 2. In § 17.111, paragraphs (d) through requirement in the definition also. rule that may result in an expenditure (g) and the authority citation at the end Third, we propose to add at paragraph by State, local, or tribal governments, in of the section are revised to read as (d)(2)(vi) of § 17.111 a definition of the aggregate, or by the private sector, of follows: ‘‘spousal resource protection amount’’ $100 million or more in any given year. to permit a spouse to maintain some This proposed rule would have no such § 17.111 Copayments for extended care liquid assets while she lives in the effect on State, local, or tribal services. community. This amount would equal governments, or the private sector. * * * * * the total value of the veteran and (d) Effect of the veteran’s financial spouse’s liquid assets up to $89,280 if Executive Order 12866 resources on obligation to pay the spouse resides in the community This regulatory amendment has been copayment. (1) A veteran is obligated to (i.e., is not institutionalized). We reviewed by the Office of Management pay the copayment to the extent the propose using this amount because at and Budget under the provisions of veteran and the veteran’s spouse have least 23 State Medicaid Programs use it Executive Order 12866, Regulatory available resources. For veterans who to protect spouses’ assets for Medicaid Planning and Review, dated September have been receiving extended care purposes. This amount would be 30, 1993. services for 180 days or less, their

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available resources are the sum of the for the veteran, veteran’s spouse, and veteran provides information in income of the veteran and the veteran’s veteran’s dependents; and taxes paid on accordance with this section to establish spouse, minus the sum of the veterans income and personal property. that the copayment should be reduced allowance, the spousal allowance, and (iii) Fixed Assets means: or eliminated. expenses. For veterans who have been (A) Real property and other non- (e) Requirement to submit receiving extended care services for 181 liquid assets; except that this does not information. (1) Unless exempted under days or more, their available resources include— paragraph (f) of this section, a veteran are the sum of the value of the liquid (1) Burial plots; must submit to a VA medical facility a assets, the fixed assets, and the income (2) A residence if the residence is: completed VA Form 10–10EC and of the veteran and the veteran’s spouse, (i) The primary residence of the documentation requested by the Form at minus the sum of the veterans veteran and the veteran is receiving only the following times: noninstitutional extended care service; allowance, the spousal allowance, the (i) At the time of initial request for an or spousal resource protection amount, episode of extended care services; and (but only if the veteran is receiving (ii) The primary residence of the veteran’s spouse or the veteran’s (ii) At the time of request for extended noninstitutional care or the veteran has care services after a break in provision a spouse or a dependent residing in the dependents (if the veteran does not have a spouse) if the veteran is receiving of extended care services for more than community who is not institutionalized) 30 days; and expenses. When a veteran is legally institutional extended care service. (3) A vehicle if the vehicle is: (iii) Each year at the time of separated from a spouse, available (i) The vehicle of the veteran and the submission to VA of VA Form 10–10EZ. resources do not include spousal veteran is receiving only (2) When there are changes that might income, expenses, and assets or a noninstitutional extended care service; change the copayment obligation (i.e., spousal allowance. or changes regarding marital status, fixed (2) For purposes of determining (ii) The vehicle of the veteran’s spouse assets, liquid assets, expenses, income available resources under this section: or the veteran’s dependents (if the (when received), or whether the veteran (i) Income means current income veteran does not have a spouse) if the has a spouse or dependents residing in (including, but not limited to, wages veteran is receiving institutional the community), the veteran must report and income from a business (minus extended care service. those changes to a VA medical facility business expenses), bonuses, tips, (iv) Liquid assets means cash, stocks, within 10 days of the change. severance pay, accrued benefits, cash dividends received from IRA, 401K’s (f) Veterans and care that are not gifts, inheritance amounts, interest and other tax deferred annuities, bonds, subject to the copayment requirements. income, standard dividend income from mutual funds, retirement accounts (e.g., The following veterans and care are not non tax deferred annuities, retirement IRA, 401Ks, annuities), art, rare coins, subject to the copayment requirements income, pension income, stamp collections, and collectibles of of this section: unemployment payments, worker’s the veteran, spouse, and dependents. (1) A veteran with a compensable compensation payments, black lung This includes household and personal service-connected disability; payments, tort settlement payments, items (e.g., furniture, clothing, and (2) A veteran whose annual income social security payments, court jewelry) except when the veteran’s mandated payments, payments from VA (determined under 38 U.S.C. 1503) is spouse or dependents are living in the less than the amount in effect under 38 or any other Federal programs, and any community. other income). The amount of current U.S.C. 1521(b); (v) Spousal allowance is an allowance (3) Care for a veteran’s income will be stated in frequency of of $20 per day that is included only if receipt, e.g., per week, per month. noncompensable zero percent service- the spouse resides in the community connected disability; (ii) Expenses means basic subsistence (not institutionalized). expenses, including current expenses (vi) Spousal resource protection (4) An episode of extended care for the following: rent/mortgage for amount means the value of liquid assets services that began on or before primary residence; vehicle payment for but not to exceed $89,280 if the spouse November 30, 1999; one vehicle; food for veteran, veteran’s is residing in the community (not (5) Care authorized under 38 U.S.C. spouse, and veteran’s dependents; institutionalized). 1710(e) for Vietnam-era herbicide- education for veteran, veteran’s spouse, (vii) Veterans allowance is an exposed veterans, radiation-exposed and veteran’s dependents; court-ordered allowance of $20 per day. veterans, Persian Gulf War veterans, or payments of veteran or veteran’s spouse (3) The maximum amount of a post-Persian Gulf War combat-exposed (e.g., alimony, child-support); and copayment for any month equals the veterans; including the average monthly expenses copayment amount specified in (6) Care for treatment of sexual trauma during the past year for the following: paragraph (b)(1) of this section as authorized under 38 U.S.C. 1720D; or utilities and insurance for the primary multiplied by the number of days in the (7) Care or services authorized under residence; out-of-pocket medical care month. The copayment for any month 38 U.S.C. 1720E for certain veterans costs not otherwise covered by health may be less than the amount specified regarding cancer of the head or neck. insurance; health insurance premiums in paragraph (b)(1) of this section if the (g) VA Form 10–10EC.

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* * * * * Advisor, at (202) 564–5386, or David SUMMARY: West Virginia has applied to (Authority: 38 U.S.C. 101(28), 501, 1701(7), Sutton, Deputy Director, at (202) 564– EPA for final authorization of the 1710, 1710B, 1720B, 1720D, 1722A) 4444, Office of Small and Disadvantaged changes to its hazardous waste program Business Utilization, U.S. under the Resource Conservation and BILLING CODE 8320–01–P Environmental Protection Agency, Mail Recovery Act (RCRA). EPA proposes to [FR Doc. 03–26184 Filed 10–15–03; 8:45 am] Code 1230A, Ariel Rios Building, 1200 grant final authorization to West BILLING CODE 8320–01–C Pennsylvania Avenue, NW., Virginia. In the ‘‘Rules and Regulations’’ Washington, DC 20460. section of this Federal Register, EPA is SUPPLEMENTARY INFORMATION: EPA authorizing the changes by an ENVIRONMENTAL PROTECTION published its proposed rule for immediate final rule. EPA did not make AGENCY Participation by Disadvantaged Business a proposal prior to the immediate final Enterprises in Procurement under rule because we believe this action is 40 CFR Parts 30, 31, 33, 35 and 40 Environmental Protection Agency (EPA) not controversial and do not expect [Docket ID No. OA–2002–0001; FRL–7575– Financial Assistance Agreements on comments that oppose it. We have 4] July 24, 2003 at 68 FR 43824. EPA has explained the reasons for this RIN 2020–AA39 established an official public docket for authorization in the preamble to the this action under Docket ID No. OA– immediate final rule. Unless we receive Public Hearings on Participation by 2002–0001. The proposed rule and written comments which oppose this Disadvantaged Business Enterprises supporting materials are available for authorization during the comment in Procurement Under Environmental public viewing at the Office of period, the immediate final rule will Protection Agency Financial Environmental Information Docket in become effective on the date it Assistance Agreements the EPA Docket Center (EPA/DC), EPA establishes, and we will not take further West, Room B102, 1301 Constitution action on this proposal. However, if we AGENCY: Environmental Protection Ave., NW., Washington, DC. The EPA receive comments that oppose this Agency (EPA). Docket Center Public Reading Room is action, or portions thereof, we will ACTION: Proposed rule; public hearings. open from 8:30 a.m. to 4:30 p.m., withdraw the relevant portions of the Monday through Friday, excluding legal immediate final rule, and they will not SUMMARY: This document announces the holidays. The telephone number for the take effect. We will then respond to dates and locations of Tribal and other Reading Room is (202) 566–1744, and public comments in a later final rule public hearings wherein EPA will take the telephone number for the Office of based on this proposal. You may not comments on its proposed rule for Environmental Information is (202) have another opportunity for comment. ‘‘Participation by Disadvantaged 566–1752. An electronic version of the If you want to comment on this action, Business Enterprises in Procurement public docket is available through EPA’s you must do so at this time. under Environmental Protection Agency electronic public docket and comment DATES: Send your written comments by Financial Assistance Agreements,’’ systems, EPA Dockets. You may use November 14, 2003. published on July 24, 2003, at 68 FR EPA Dockets at http://www.epa.gov/ 43824. These Tribal and other public edocket to submit or view public ADDRESSES: Send written comments to hearings will be held during the 180-day comments, access the index listing of Lillie Ellerbe, Mailcode 3WC21, RCRA public comment period for the proposed the contents of the official public State programs Branch, U.S. EPA Region rule, which ends on January 20, 2004. docket, and to access those documents III, 1650 Arch Street, Philadelphia, PA EPA will publish information in the public docket that are available 19103, Phone number: (215) 814–5454. concerning additional Tribal hearings electronically. Once in the system, Comments may also be submitted during the comment period when that select ‘‘search,’’ and then key in docket electronically to [email protected], information becomes available. identification number OA–2002–0001. or by facsimile at (215) 814–3163. DATES: The hearings are scheduled as You may access this Federal Register Comments in electronic format should follows: document electronically through the identify this specific notice. You may 1. October 23, 2003, 1:15 p.m. to 3:30 EPA Internet under the Federal Register inspect and copy West Virginia’s’s p.m., Temecula, CA listings at http://www.epa.gov/fedrgstr. application from 8 a.m. to 4:30 p.m. at the following locations: West Virginia 2. October 28, 2003, 9:30 a.m. to 5 p.m., Dated: October 10, 2003. Department of Environmental San Juan, PR Thomas J. Gibson, 3. October 30, 2003, 8:30 a.m. to 5 p.m., Protection, Division of Water and Waste Chief of Staff. St. Thomas, VI Management, 1356 Hansford Street, [FR Doc. 03–26190 Filed 10–15–03; 8:45 am] ADDRESSES: The hearings will be held at Charleston, WV 25301–1401, Phone the following locations: BILLING CODE 6560–50–P number: (304) 558–4253, attn: Carroll 1. Pechanga Resort and Casino, 45000 Cather or EPA Region III, Library, 2nd Floor, 1650 Arch Street, Philadelphia, Pechanga Parkway, Temecula, ENVIRONMENTAL PROTECTION PA 19103–2029, Phone Number: (215) California 92592. AGENCY 2. Inter American University of PR, 814–5254. Central Office of the System, 399 40 CFR Part 271 FOR FURTHER INFORMATION CONTACT: Galileo Street—End, Jardines [FRL–7574–9] Lillie Ellerbe, Mailcode 3WC21, RCRA Metropolitanos, Rio Piedras, San Juan, State Programs Branch, U.S. EPA Region PR 00927. West Virginia: Final Authorization of III, 1650 Arch Street, Philadelphia, PA 3. Ron De Lugo Federal Building, 5500 State Hazardous Waste Management 19103, Phone Number: (215) 814–5454. Veteran’s Drive, St. Thomas, VI Program Revision SUPPLEMENTARY INFORMATION: For 00802. AGENCY: Environmental Protection additional information, please see the FOR FURTHER INFORMATION CONTACT: Agency (EPA). immediate final rule published in the Mark Gordon, Attorney Advisor, at (202) ‘‘Rules and Regulations’’ section of this ACTION: Proposed rule. 564–5951, Kimberly Patrick, Attorney Federal Register.

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Dated: October 7, 2003. the Office of Information and Regulatory establishing the IFQ Program published Donald S. Welsh, Affairs, Office of Management and December 3, 1992 (57 FR 57130). Regional Administrator, EPA Region III. Budget (OMB), via facsimile (202–395– A central concern of the Council in [FR Doc. 03–26048 Filed 10–15–03; 8:45 am] 7285; Attn: NOAA Desk Officer) or developing the IFQ Program was that QS, from which IFQ is derived, would BILLING CODE 6560–50–M email at [email protected]. Comments also may be sent via become increasingly held by corporate facsimile (fax) to 907–586–7557. entities instead of independent fishermen who typically own and DEPARTMENT OF COMMERCE Comments will not be accepted if submitted by email or the Internet. operate their own vessels. To prevent National Oceanic and Atmospheric Copies of Amendment 66 and the this outcome, the Council designed the Administration Environmental Assessment/Regulatory IFQ Program such that QS could, in Impact Review/Initial Regulatory most cases, be held only by individuals 50 CFR Part 679 Flexibility Analysis (EA/RIR/IRFA) or natural persons, and not by corporate prepared for Amendment 66 may be entities. The Council provided limited [Docket No. 030922237–3237–01; I.D. obtained from the North Pacific Fishery exemptions to this basic approach to 082503D] Management Council at 605 West 4th, accommodate existing corporate ownership of vessels at the time of RIN 0648–AQ98 Suite 306, Anchorage, AK 99501–2252, Phone: (907) 271–2809. implementation and to recognize the Fisheries of the Exclusive Economic participation by corporately owned FOR FURTHER INFORMATION CONTACT: freezer vessels. However, the overall Zone Off Alaska; Individual Fishing Glenn Merrill, 907–586–7228 or email at Quota Program; Community Purchase intent of the IFQ Program was for [email protected]. catcher vessel QS eventually to be held AGENCY: National Marine Fisheries SUPPLEMENTARY INFORMATION: only by individual fishermen. The IFQ Service (NMFS), National Oceanic and Program is designed to limit corporate Atmospheric Administration (NOAA), Background holding of QS and increase holdings of Commerce. The groundfish fisheries in the QS by individual fishermen as corporate ACTION: Proposed rule. Exclusive Economic Zone of the GOA owners divest themselves of QS. The are managed under the FMP. The FMP rationale for this owner-operator SUMMARY: NMFS issues a proposed rule was developed by the North Pacific structure was that it would maintain a to implement Amendment 66 to the Fishery Management Council (Council) robust QS market and reasonable entry Fishery Management Plan for under the Magnuson-Stevens Act costs for new fishermen. This provision Groundfish of the Gulf of Alaska (FMP), (Public Law 94–265, 16 U.S.C. 1801). is implemented through the QS and IFQ and an amendment to the Pacific halibut The FMP was approved by the Secretary transfer regulations at 50 CFR 679.41. The purpose of this proposed rule is commercial fishery regulations for of Commerce and became effective in to revise existing IFQ Program waters in and off of Alaska. Amendment 1978. Fishing for Pacific halibut regulations and policy to explicitly 66 to the FMP and the regulatory (Hippoglossus stenolepis) is managed by allow a new group of non-profit entities amendment would modify the the International Pacific Halibut to hold QS on behalf of residents of Individual Fishing Quota (IFQ) Program Commission (IPHC) and the Council specific rural communities located by revising the definition of an eligible under the Halibut Act. The IFQ adjacent to the coast of the GOA. This quota share holder to allow eligible Program, a limited access management change would allow a non-profit communities in the Gulf of Alaska system for the fixed gear Pacific halibut corporate entity that meets specific (GOA) to establish non-profit entities to and sablefish (Anoplopoma fimbria) purchase and hold halibut and sablefish criteria to receive transferred halibut or fisheries off Alaska, was recommended sablefish QS on behalf of an eligible quota share (QS) for lease to, and use by, by the Council in 1992, approved by community residents as defined by community and to lease the resulting NMFS in January 1993, and initial IFQ to fishermen who are residents of specific elements of the proposed implementing rules were published on action. This action is intended to the eligible community. This change is November 9, 1993 (58 FR 59375). intended to provide additional improve the effectiveness of the IFQ Fishing under the IFQ program began on Program and is necessary to promote the opportunities to these fishermen, and March 15, 1995. The IFQ Program limits may indirectly address concerns about objectives of the Magnuson-Stevens access to the halibut and sablefish Fishery Conservation and Management the economic viability of those fisheries to those persons holding QS in communities. Act (Magnuson-Stevens Act) and the specific management areas. The IFQ Northern Pacific Halibut Act of 1982 A Notice of Availability (NOA) of the Program for the sablefish fishery is FMP amendment was published on (Halibut Act) with respect to the IFQ implemented by the FMP and Federal fisheries. September 2, 2003 (68 FR 52173), with regulations at 50 CFR part 679 under comments on the FMP amendment DATES: Comments on the proposed rule authority of the Magnuson-Stevens Act. invited through November 3, 2003. must be received on or before December The IFQ Program for the halibut fishery Written comments may address the FMP 1, 2003. is implemented by Federal regulations amendment, the proposed rule, or both, ADDRESSES: Comments may be sent to at 50 CFR part 679 under the authority but must be received by November 3, Sue Salveson, Assistant Regional of the Halibut Act. 2003, to be considered in the decision Administrator for Sustainable Fisheries, The IFQ Program originally was to approve or disapprove the FMP Alaska Region, NMFS, P.O. Box 21668, designed to resolve conservation and amendment. Juneau, AK 99802, Attn: Lori Durall. management problems that are endemic Since initial issuance of QS, and as a Comments also may be delivered by to open access fisheries. The result of voluntary transfers of QS, the hand to NMFS, Room 420, 709 West 9th background issues leading to the amount of QS and the number of Street, Juneau, AK 99801. Send Council’s initial action recommending resident QS holders has substantially comments on collection-of-information the adoption of IFQs are described in declined in most of the GOA requirements to the same address and to the preamble to the proposed rule communities that would be affected by

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this action. This trend may have had an Magnuson-Stevens Act, and IFQ policy however, would be subject to additional effect on employment and may have recommendations by the National regulatory requirements beyond those reduced the diversity of fisheries to Research Council (NRC). applying to existing QS holders. which fishermen in rural communities The 1996 amendments to the A CQE could represent more than one have access. Magnuson-Stevens Act established a eligible community. However, no The ability of fishermen in small rural new national standard for fishery community could be represented by communities to purchase QS or conservation and management (National more than one CQE. This provision maintain existing QS may be limited by Standard 8) that requires management would minimize confusion and ensure a variety of factors unique to those programs to ‘‘take into the account the effective and efficient administration of communities. In particular, many importance of fishery resources to the program. fishermen in small rural communities fishing communities in order to (A) During Council deliberations, a new may be limited in their ability to obtain provide for the sustained participation non-profit entity was selected as the access to financing due to the remote of such communities, and (B) to the appropriate QS holder for these nature of the communities and their extent practicable, minimize adverse communities based on dependence on a limited range of economic impacts on such recommendations from GOA economic opportunities. Many small communities’’ (16 U.S.C. 1851). The communities. These recommendations rural communities are isolated from Halibut Act requires consideration of indicated that a non-profit entity could other communities and this isolation the effect of halibut allocations to be more flexible and cost-effective than limits access to a wider variety of fishing communities by reference to either a for-profit corporation or an markets for fishery product that are section 303(b)(6) of the Magnuson- existing governmental body. To be available to communities with better Stevens Act. This reference requires, considered eligible to hold QS on behalf transportation infrastructure. In among other things, that the effects of of a community, a CQE would be addition, fishermen in these rural halibut allocations be considered as is required to be incorporated after April communities tend to have smaller described under the directives of 10, 2002, the date of final Council vessels and fishing operations relative to National Standard 8 of the Magnuson- action. fishermen in larger ports. These Stevens Act. The Council stated that the purpose of fishermen may have received less QS The 1996 Magnuson-Stevens Act designating a new non-profit entity to during initial issuance and may have amendments also directed the NRC to hold QS is that existing administrative chosen to divest themselves of QS that submit a report to Congress on existing structures such as municipal was not economically viable. Although IFQ Programs and provide governments, tribal councils, or other the specific causes for decreasing QS recommendations on the community organizations may be holdings in rural communities may implementation of existing and future focused on other priorities. The Council vary, the net effect is overall lower programs. The NRC published its report considered that a new non-profit entity participation by residents of these ‘‘Sharing the Fish: Toward a National may be better suited to represent an entire community with the express communities in the halibut and Policy on Individual Fishing Quotas’’ in purpose of purchasing and managing sablefish IFQ fisheries. 1999. In this report, the NRC QS. Additionally, the EA/RIR/IRFA In June 2000, representatives of recommends that NMFS and the noted that a number of communities several GOA communities presented the Regional Councils consider including considered as eligible for this program Council with a proposal to allow fishing communities as stakeholders in are unincorporated, do not have local communities to purchase QS. The fishery management programs. The NRC tribal governments, or other community Council approved several alternatives recommends that Regional Councils organizations, and therefore lack an for analysis in June 2001, reviewed an should be permitted to authorize the initial analysis in December 2001, and existing governmental body that could purchase, holding, management, and took final action in April 2002. The manage the QS. sale of QS/IFQs by communities. This Council formally adopted a problem The Council also recommended that a action proposes to implement statement in June 2001 for this proposed non-profit organization provide proof of provisions that would address the NRC action that recognized the fact that a support from the community that it is recommendations on the use of QS by number of small coastal communities seeking to represent. This support must communities. ‘‘are struggling to remain economically be demonstrated in the application by a The Council considered the range of viable.’’ The Council stated that non-profit organization to become comments from the public, NMFS, and ‘‘[a]llowing qualifying communities to eligible as a CQE. The specific the State of Alaska (State), and purchase halibut and sablefish quota mechanism for the community to incorporated various suggestions in share for use by community residents demonstrate its support for a CQE is developing its proposed community QS will help minimize adverse economic described in the Administrative policy. The basic provisions of this impacts on these small, remote, coastal Oversight section of the preamble. proposed policy are described as communities in Southeast and Once an application to become a CQE follows. Southcentral Alaska, and help provide has been approved, then that CQE for the sustained participation of these Community QS Provisions would be eligible to hold and receive communities in the halibut and QS, and lease IFQ to eligible community sablefish IFQ fisheries.’’ 1. Community Quota Entities residents under the mechanisms The proposed action developed by the Community quota entities (CQEs), established by this proposed rule. If a Council would address these concerns incorporated under the laws of the State CQE does not remain in compliance, by modifying the IFQ Program to allow to represent eligible communities, (e.g., by failing to submit a complete non-profit entities that represent small would obtain QS by transfer and hold annual report), then NMFS could rural communities in the GOA with a the QS and lease the resulting annual initiate administrative proceedings to historic participation in the halibut and IFQ to individual community residents. deny the transfer of QS or IFQ to or from sablefish fisheries to hold QS. The Unless otherwise specified, the the CQE. As with other administrative Council’s recommendations also reflect restrictions that apply to any current QS determinations under the IFQ Program, the most recent amendments to the holder would apply to a CQE. CQEs, any such determination could be

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appealed under the procedures set forth population. This standard would be rule, the goals of the Council and this in regulations (50 CFR 679.43). The used to determine eligibility for action to provide additional Council recommended regulatory community participation in this opportunities for coastal residents in measures, described below, as a means program because it is considered to be established communities is to monitor the ability of the non-profit a more accurate measure of population undermined. All of the communities entities to meet the goals of distributing than annual estimates conducted by the designated by the Council on the list of IFQ among residents in these GOA State. Additionally, at the time that final eligible communities meet these communities. action to modify the IFQ Program was requirements based on the analysis of taken by the Council to accommodate 2. Eligible Communities these eligibility criteria in the EA/RIR/ communities, the 2000 Census was the IRFA prepared for this proposed rule. Communities eligible to participate in best available demographic data. this program would need to meet all the This proposed rule establishes that a (b) Have Direct Saltwater Access following criteria: (a) have a population community with not less than 20 A community would be defined as of less than 1,500 persons based on the persons and not more than 1,500 adjacent to saltwater if it is located on 2000 United States Census; (b) have persons that is defined as a Census the GOA coast of the North Pacific direct saltwater access; (c) lack direct Designated Place under the U.S. Census Ocean. road access to communities with a fulfills the requirement for the (c) Lack of Direct Road Access population greater than 1,500 persons; definition of a community for the (d) have historic participation in the purposes of this program. If The Council recommended limiting halibut and sablefish fisheries; and (e) communities seek inclusion as an eligibility to communities without be specifically designated on a list eligible community in the future, then direct road access to communities larger adopted by the Council and included in NMFS would review those communities than 1,500 persons because such this proposed rule (see Table 21 to Part using the definitions of a community as communities may lack access to markets 679). defined by this proposed rule. for fishery products and could be If a community appears to meet the The reason for using a minimum of a disadvantaged relative to other eligibility criteria but is not specifically 20–person standard, is that two communities with better transportation designated on the list of communities communities specifically designated by infrastructure. Communities that do adopted by the Council, then that the Council for eligibility for this have road access to larger communities community would have to apply program have populations slightly would be expected to have access to directly to the Council to be included. higher than 20 persons. Specifically, larger markets, better access to capital, In this event, the Council may modify Meyers Chuck and Ivanof Bay have and are not likely to face the same the list of eligible communities adopted populations of 21 and 22 persons, economic conditions that this program by the Council through a regulatory respectively. If a higher minimum is trying to address by providing amendment. Under the criteria population standard were used, neither additional harvest opportunities for established in this proposed rule, a total of these communities would be eligible community residents. of 42 communities in the GOA would to participate in this program. Excluding qualify as eligible to purchase QS. These these two communities that have (d) Have Historic Participation in the eligible communities may designate a experienced a loss of QS since the Halibut and Sablefish Fisheries new non-profit entity to hold QS on implementation of the IFQ program Historic participation would be behalf of that community. would undermine the intent of this defined as communities for which a The specific criteria for community action, which is to provide an resident has recorded a commercial eligibility were developed through additional opportunity for residents of landing of either halibut or sablefish Council deliberations. Generally, the those communities to receive access to between 1980–2000 according to Council chose criteria that were halibut and sablefish resources. Commercial Fisheries Entry intended to define a set of communities The limitation on minimum Commission (CFEC) data for permit and that have experienced a similar decline population size would reduce the fishing activity. This definition would in their participation in the halibut and potential for future petitions for provide a means for the Council to sablefish IFQ fisheries. Analysis in the inclusion into the program by a small consider those communities for which EA/RIR/IRFA indicates that all but 2 of group of individuals living in a place halibut or sablefish has some historic the 42 communities designated in Table solely for the purpose of participating in commercial importance. A broad range 21 to part 679 have experienced a net this program. Additionally, there are a of years was chosen to accommodate the loss in QS held by residents of those number of communities that are no shifting patterns of halibut and sablefish communities since initial allocation. longer populated that could be qualified harvests within these communities over under the historic participation criteria. the past twenty years. The year 1980 (a) Population of Less than 1,500 The Council did not intend this program was chosen because it represents the persons to provide an opportunity for first year of widely collected and The Council considered a range of communities which do not exist to reliable data from the CFEC , and the population criteria and chose to limit receive the ability to form non-profit year 2000 was chosen because it was the eligibility to communities less than entities and purchase QS. The limitation last year of data available prior to the 1,500 persons based on an analysis of on population size would prevent this Council’s decision to recommend this QS distribution. This analysis indicated possibility and also reflects existing program. that several communities larger than definitions of a community as 1,500, specifically Wrangell and established by the State of Alaska for (e) Be Specifically Designated on a List Cordova, did not have the same decline purposes of revenue sharing agreements. Adopted by the Council in participation in the halibut and The State defines a community as a The Council adopted a specific list of sablefish fisheries as the communities group of not less than 25 people living eligible communities to limit the entry that this action proposes to address. The in a geographic location as a social unit. of new communities into the 2000 United States Census was chosen Without a minimum population Community QS Program (see Table 21 to as the standard for measuring total standard established in this proposed Part 679). The Council expressed a

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desire to review the addition of any evidence of their eligibility to 3. Use Caps for Individual Communities communities not listed. Council review participate in this program. This review is ensured by listing eligible would reduce potential disruption in Each eligible community as communities in the regulations. Any administration of the Community QS represented by a CQE would be subject change to the list of eligible Program due to a sudden and to the same use limitations on QS and communities would first require unanticipated increase in competition IFQ currently established for QS holders Council action to recommend such a for QS among eligible communities. as described under 50 CFR 679.42(e) for change. The Council desired this review This Council review also would provide sablefish and 50 CFR 679.42(f) for to ensure that communities that were an additional public review process halibut. Therefore, for each community not originally considered under this before modifying the Community QS it represents, a CQE would be limited to proposed rule provide adequate Program. using:

No more than: 599,799 units of halibut QS ...... in IFQ regulatory area 2C. No more than: 1,502,823 units of halibut QS combined ...... in IFQ regulatory areas 2C, 3A, and 3B. No more than: 688,485 sablefish QS units ...... in the IFQ regulatory Area East of 140° W. long. (Southeast Outside District). No more than 3,229,721 sablefish QS units combined ...... in the Southeast Outside District West Yakutat, Central Gulf Regulatory Area, and Western Gulf Regulatory Area.

A CQE representing an eligible community residents. This level was 5. Transfer and Use Restrictions community located within Areas 3A or considered not to be so restrictive as to (a) Block Limits 3B would be prohibited from discourage communities from purchasing QS in Area 2C (Southeast purchasing and holding quota. The The purchase of blocked QS by CQEs Alaska) on behalf of that community. Council also considered the potential would be restricted. During Council The Council recommended this effects on existing QS holders in deliberations, numerous industry representatives and fishermen indicated provision because 21 of the 42 eligible recommending use caps for individual that allowing unrestricted purchasing of communities are located in Area 2C. communities. The use caps Allowing additional CQEs representing QS could disadvantage new entrants, accommodate existing QS holders who particularly those individuals in the communities located in Areas 3A and are concerned that shifting potential QS 3B to purchase QS in Area 2C would market for ‘‘blocked QS.’’ Blocked QS holdings to communities could increase competition, and possibly are aggregates of small units of QS that result in higher QS prices, for 2C disadvantage individual fishermen by were designated as blocks when they communities. This increased reducing the amount of QS available to were initially issued and that cannot be competition could affect both them in the QS market. subdivided upon transfer. The number prospective community QS buyers and 4. Cumulative Use Caps for All of blocks that may be held by a person is limited under the IFQ Program. These new individual entrants to the fishery. Communities Likewise, a CQE representing an limits were established to limit the eligible community within Area 2C Communities represented by CQEs consolidation of blocked QS and to would be prohibited from purchasing cumulatively would be limited to ensure that smaller aggregate units and using QS in Area 3B (Western GOA) holding a maximum of 3 percent of the would be available on the market. on behalf of that community. The total halibut and sablefish QS in each Blocked QS typically is less expensive Council recommended this limitation area in the first year after and more attractive to new-entrants. This proposed rule would modify the because residents from communities implementation of this program. In each consolidation limits for blocked QS for located in Area 2C traditionally did not subsequent year, the percentage would fish in Area 3B, and one of the principal communities represented by CQEs. The be increased by an additional 3 percent goals of the community QS program is Council is recommending this change to until, after 7 years, a maximum of 21 to improve the access of residents of the provide additional opportunities for percent of the total halibut and sablefish eligible communities to local resources. CQEs (on behalf of the communities Although the Council recommended QS could be held in each area in which they represent) to access the typically limiting the use of halibut QS to those CQEs are eligible to hold QS. less expensive blocked QS. The Council areas that are adjacent to the eligible The Council recommended limiting also considered the potential effects on communities, a similar provision was cumulative community ownership of new entrants by allowing each not recommended for sablefish. The QS in each area as an additional community represented by a CQE to sablefish fishery occurs in deeper waters measure to reduce the potential increase hold more QS blocks than can other than much of the halibut fishery and in QS price that could result if CQEs types of QS holders. Each community typically requires larger vessels that can sought to purchase QS up to their represented by a CQEs would be limited travel longer distances for harvesting respective communities’ use cap(s) in to holding, at any point in time, a fish. each area. The Council recommended maximum of 10 blocks of halibut QS As noted above, the Council this step-up cumulative use cap to and 5 blocks of sablefish QS in each IFQ recommended limiting QS holdings by balance potential QS market regulatory area for halibut and sablefish. CQEs on behalf of communities to the competition between communities and The CQE could not subdivide blocked levels established in the current IFQ QS. individuals, and to accommodate the program. The Council noted that this Existing regulations at 50 CFR limit would provide an adequate desire of GOA community 679.42(g) limit QS holders to a opportunity for communities to representatives to have adequate access maximum of two blocks for either purchase and hold sufficient QS for to QS as CQEs enter the program on species in any area if a person holds leasing the resulting IFQ among behalf of eligible communities. only blocked QS, and no more than one

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block for a species in an area if a person shares. Limiting communities to modification to the existing regulations, holds any unblocked QS for that existing unblocked QS would effectively the Council balanced the objectives of species-area combination. Allowing limit the QS available to communities to this new program with concerns about CQEs to hold more blocks than existing a small portion of the total QS that is protecting the interests of individual QS holders on behalf of their typically higher priced than the more new entrants to the fishery. constituent communities would expand available blocked QS. The proposed To accommodate the interests of the potential QS market available to limits would provide additional these communities. The Council opportunities for eligible communities prospective new entrants, the Council recommended this provision because in represented by CQEs to purchase QS recommended prohibiting CQEs from most areas of the GOA large portions of beyond those that constrain current QS purchasing: the QS are available only in blocked holders. In recommending this

Halibut QS blocks less than or equal to 19,992 units...... (e.g., 2,850 lb (1,292.8 kg) of IFQ in 2003) ...... in Area 2C. Halibut QS blocks 27,912 units...... (e.g., 3,416 lb (1,549.5 kg) of IFQ in 2003)...... in Area 3A. Sablefish QS blocks less than or equal to 33,270 units...... (e.g., 4,003 lb (1,815.8 kg) of IFQ in 2003) ...... in the Southeast Outside District. Sablefish QS blocks less than or equal to 43,390 units...... (e.g., 3,638 lb (1,650.2 kg) of IFQ in 2003) ...... in the West Yakutat District. Sablefish QS blocks less than or equal to 46,055 units...... (e.g., 4,684 lb (2,124.7 kg) of IFQ in 2003) ...... in the Central GOA regulatory area. Sablefish QS blocks less than or equal to 48,410 units...... (e.g., 6,090 lb (2,762.4 kg) of IFQ in 2003 ...... in the Western GOA regulatory area.

These QS limits are specified in 50 QS exists in Area 3B, and traditionally use of IFQ from community-held QS CFR 679.41(e) as the ‘‘sweep up’’ limit, few prospective buyers exist for this could reduce this potential competition. or the number of QS units initially category of QS. Existing D category QS The amount of IFQ that may be leased issued as blocks that could be combined holders in Area 3B indicated that annually to an eligible community to form a single block. allowing CQEs to purchase D category resident would be limited so that no The Council recommended that QS in Area 3B would increase the such lessee could hold IFQ permits communities not be eligible to purchase marketability of their QS. authorizing the harvest of more than or hold these smaller ‘‘sweep-up’’ The Council did not recommend 50,000 lb (22.7 mt) of halibut and 50,000 blocks because these smaller QS blocks catcher vessel category restrictions for lb (22.7 mt) of sablefish IFQ, inclusive typically are purchased by individuals CQEs holding sablefish QS. Only B and of any IFQ derived from any source. entering the IFQ fisheries. The Council C vessel categories exist for sablefish QS This limitation is intended to ensure recommended this measure to minimize and sablefish are typically harvested a broad distribution of IFQ among potentially unfair competition in the QS from larger vessels. community residents and to limit the market between CQEs and individuals amount of IFQ that may be leased to for these small QS blocks. The Council So that the annual IFQ derived from those residents who already hold QS or did not recommend similar restrictions the QS held on behalf of a community lease IFQ from another source. The on QS in the halibut fishery for Area 3B could be fished, a CQE would lease (i.e., Council noted that one of the principal because fewer ‘‘sweep-up’’ blocks exist transfer the annual IFQ) to one or more goals of this program was to provide in Area 3B and few new entrants in residents of the community, or access to halibut and sablefish resources Area 3B have sought these ‘‘sweep-up’’ communities, it represents. Each IFQ to community residents that do not blocks. lease would be made on annual basis, as currently have access to these resources. is currently the requirement in existing Similarly, during any fishing year, no (b) Transfer and IFQ Leasing regulations. IFQ so transferred could be vessel participating in the community CQEs could only receive and use fished from a vessel of any size QS program could be used to harvest an halibut QS assigned to vessel category B regardless of the QS vessel category amount of IFQ greater than 50,000 lb (greater than 60 feet length overall) and from which the IFQ was derived. This (22.7 mt) of halibut and 50,000 lb (22.7 vessel category C (greater than 35 feet provision would apply only while the mt) of sablefish, inclusive of all IFQ and less than or equal to 60 feet length QS is held by the CQE. The vessel fished aboard that vessel. Currently, overall) in Areas 2C and 3A. category requirements for use of the QS vessels are limited to 1 percent of the This provision would prohibit CQEs would apply once again after the QS is Area 2C IFQ TAC for halibut (e.g., from holding QS assigned to vessel transferred from a CQE to a qualified 85,000 net pounds (38 mt) in 2003), or, category D (less than or equal to 35 feet recipient that was not a CQE. outside of Area 2C, 0.5 percent of the (10.7 m) length overall) in Areas 2C and The Council recommended this entire IFQ TAC (e.g., 295,050 net 3A. Category D QS typically is provision to facilitate the use of the IFQ pounds (134 mt) in 2003), and 1 percent purchased by individuals seeking entry on the wide range of vessel types that of the Southeast IFQ TAC for sablefish to the halibut IFQ fisheries. The Council is present in many rural communities. (e.g. 78,484 round pounds (36 mt) in recommended this provision to reduce Limiting CQEs to purchase only certain 2003), or, outside of Southeast, 1 potential competition in the halibut QS vessel category QS could increase percent of the entire sablefish TAC (e.g. market between individuals and CQEs. demand and price competition among 348,635 round pounds (158 mt) in The Council did not recommend CQEs and other QS holders, particularly 2003). prohibiting CQEs from holding D for category C QS because many vessels This limitation on the amount of IFQ category halibut QS in Area 3B. A in the eligible communities tend to be that could be fished on any one vessel relatively small amount of D category within this size range. Broadening the using community-held QS is intended

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to encourage use of a broad distribution under 50 CFR 679.45, unless noted available to NMFS that confirms that the of community-held IFQ on vessels that otherwise in this proposed rule. transfer of QS is made for reasons other may otherwise have limited or no than to sustain, improve, or expand the (c) Sale Restrictions participation in the IFQ Program. opportunities for community residents, Eligibility to lease IFQ derived from Certain restrictions would apply to then NMFS would withhold annual IFQ community-held QS would be limited to the transfer of QS held by a CQE on permits on any remaining QS held by permanent residents of the community behalf of a community. A CQE is the CQE on behalf of that community represented by the CQE. The Council restricted to sell its QS to generate and would disqualify that CQE from recommended this provision to revenues to improve, sustain, or expand holding QS on behalf of that community explicitly tie the potential benefits of QS the opportunities for community for 3 calendar years following the year held by a CQE on behalf of a community residents to participate in the IFQ in which final agency action adopting to the residents of that community. halibut and sablefish fisheries. These that determination is made. Such a resident who wishes to lease IFQ restrictions are designed to ensure that NMFS would not impose this would be required to state that he or she the goals of the program are met. NMFS restriction until the CQE had received maintains a permanent domicile in that would approve the transfer of QS held full administrative due process, specific community and is qualified to by a CQE on behalf of a community only including notice of the potential action receive QS and IFQ by transfer under if the community for which the CQE and the opportunity to be heard. An the existing regulations (i.e., that he or holds the QS authorizes that transfer. initial administrative determination she holds a Transfer Eligibility This authorization may be in the form (IAD) proposing an adverse action Certificate issued by NMFS). of a signature from a authorized would only become final agency action representative of the governing body of Existing regulations at 50 CFR 679.41 if the CQE failed to appeal the IAD the eligible community for QS transfers require that, for an individual to be within 60 days, or upon the effective on the Approval of Transfer form. The eligible to receive QS/IFQ by transfer, date of the decision issued by the Office purpose of this authorization is to such an individual must be a U.S. of Administrative Appeals. The ensure that the community is fully citizen and must either have received procedures for appeal are provided at 50 aware of the transfer because certain QS upon initial issuance or have 150 CFR 679.43. restrictions apply to future transfers if The 3–year restriction was days of experience onboard a vessel the transfer of QS is for a reason other recommended by the Council because working as part of the harvesting crew than to sustain, improve, or expand the the Council did not intend for this in a U.S. commercial fishery. Upon program (i.e., the CQE would be program to provide a mechanism for having demonstrated that he or she has prohibited from holding QS on behalf of speculating in the QS market or using satisfied those requirements, such an that community for a period of three potential assets to fund other unrelated individual is issued a Transfer years and the CQE must divest itself of projects but intended to encourage the Eligibility Certificate (TEC). These all QS held on behalf of that long-term participation of fishery requirements would remain in place for community). dependent communities in the IFQ individuals seeking to lease IFQ derived This proposed action would also Program. The public is encouraged to from community QS. Individuals provide an opportunity for a CQE to comment specifically on these transfer receiving IFQ must meet these transfer QS to dissolve the CQE; or as restrictions, the administrative process qualifications and attest that they are a result of a court order, operation of that would be established to monitor permanently domiciled within that law, or as part of a security agreement. these requirements, and the community when receiving IFQ by These provisions are allowed to account enforcement of these restrictions. transfer from a CQE. For purposes of for those cases in which a CQE is no this program, an individual would need longer capable of representing an 6. Joint and Several Liability for to affirm that he or she maintained a eligible community and seeks to divest Violations domicile in the community from which itself of QS holdings in order to provide Both the CQE and the individual the IFQ is leased for 12 consecutive an opportunity for another non-profit to fisherman to whom the CQE leases its months immediately preceding the time form and seek approval as a CQE for a IFQ will be considered jointly and when the assertion of residence is made, community. Transfers that are required severally liable for any IFQ fishery and had not claimed residency in as a result of a court order, operation of violation committed while the another community, state, territory, or law, or as part of a security requirement individual fisherman is in the process of country. would be authorized under this fishing the leased IFQ. This joint and An individual who receives IFQ proposed action. These forms of several liability is analogous to the joint derived from QS held by a CQE may not transfers are authorized under the and several liability currently imposed designate a skipper to fish the existing IFQ program. on IFQ permit holders and any hired community IFQ, instead that individual During Council deliberations, NMFS skippers fishing the permit holders’ IFQ. must be onboard the vessel when the indicated that the enforcement and IFQ is being fished. The Council monitoring mechanism for these transfer 7. Administrative Oversight recommended this requirement to help provisions would be limited. The EA/ Implementing this proposal would ensure that the potential benefits of QS RIR/IRFA prepared by the Council (see require that NMFS: (1) review held by communities would be realized ADDRESSES) notes these concerns. Rather applications of eligibility for non-profit by resident fishermen of those than requiring an extensive monitoring entities seeking to be qualified as a CQE communities and not leased outside the and auditing program for each transfer for a particular community and certify communities. of QS, NMFS would rely on the eligible CQEs; and (2) review an annual Individuals who hold leases of IFQ declaration by the CQE about the report detailing the use of QS and IFQ from communities would be considered purpose of the transfer of any QS held by the CQE and community residents. to be IFQ permit holders and would be on behalf of a community and the These reviews ensure that the CQEs are subject to the regulations that govern authorization by the governing body of adequately representing the other permit holders, including the that community to transfer that QS. If communities and that the program is payment of annual fees as required subsequent information is made meeting the goals established by the

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Council. If a CQE fails to provide a The Council intended that any CQE representative governing entity was completed annual report to NMFS for establish that it is accountable to the formed (e.g., the community each community that it represents, then community that it would seek to incorporated as a municipality, was that CQE would be deemed ineligible to represent. By establishing a requirement represented by a tribal government use the IFQ resulting from that QS on that a specific governing body within a recognized by the Bureau of Indian behalf of that community until a community provide a recommendation Affairs, or a community non-profit complete annual report is received. supporting a CQE, this proposed rule association was formed and recognized Before becoming a Final Agency Action, would establish a clear link between the by the Alaska Department of any such determination by NMFS may governing body that represents that Community and Economic be appealed through the administrative community and the CQE. Allowing Development). NMFS would consult appeals process described under the IFQ multiple non-profits to apply as CQEs with the State to determine if a Program (50 CFR 679.43). for a singly community would require community non-profit association is Each non-profit entity applying to additional review by NMFS to ensure formed, and that it adequately become a CQE would have to provide accountability. Additionally, it would represents the interests of the NMFS with the following: be difficult to establish specific criteria community before that community non- (1) Its articles of incorporation as a that would establish a clear profit association could recommend a non-profit entity under the laws of the accountability or lack of accountability. CQE to hold QS on behalf of that State; The Council did not intend that this community. (2) A statement designating the proposed action would serve the This requirement would ensure that community, or communities, interests of a small number of any communities that do not have a represented by that CQE; individuals within a given community (3) Management organization; governmental structure form such a who may choose to form a corporate structure prior to being allowed to (4) A detailed statement describing entity to narrowly represent their the procedures that will be used to recommend a specific non-profit entity interests. The specific linkage to specific as a CQE. This requirement is expected determine the distribution of IFQ to recognized governing bodies within a residents of each community to affect only two of the 42 eligible community minimized the need for communities recommended by the represented by that CQE; and additional administrative oversight to (5) A statement of support and Council: Halibut Cove and Meyers ensure accountability to a community Chuck. Neither of these communities accountability of the non-profit entity to and provides a clear nexus between the that community from a governing body possess any of the governmental bodies CQE and the community members it is described above. These communities representing each community intended to represent by holding QS on represented by the CQE. could establish community non-profit behalf of that community. associations and have those entities During Council deliberations, the Communities incorporated as reviewed by the State prior to State noted that it would like to have an municipalities. For a community that is recommending a CQE. This requirement opportunity to provide NMFS with incorporated as a municipality under is determined to be adequate to ensure comments on applications by non-profit State statutes, the City Council would that any non-profit designated as a CQE entities seeking to become CQEs. NMFS recommend the non-profit entity to for these communities represents the will provide the State with a copy of the serve as the CQE. applications. The State will have a Communities represented by tribal interests of the residents of those period of 30 days to provide comments governments. For those communities communities. The public is encouraged to NMFS after they are received. NMFS that are not incorporated as to comment on this particular aspect of will consider these comments before municipalities but that are represented this proposed rule. certifying a non-profit entity as a CQE. by a tribal government recognized by Establishing that only one CQE to This opportunity for comment does not the Secretary of the Interior, the tribal represent the interests in a given diminish the authority of NMFS to governing body would recommend the community would reduce potential administer these regulations and certify non-profit entity to serve as the CQE. conflicts and reduce administrative CQEs, but does provide an opportunity Communities represented by a non- burdens. This requirement would not for the State to provide comments on profit association. For those undermine a community’s ability to the applications. NMFS will review all communities that are not incorporated access QS and would ensure that an applications for completeness. Those as a municipality, and that are not entity seeking authorization to hold QS applications that are not complete represented by a tribal government, the on behalf of a community is reviewed would be returned to the applicant for community non-profit association that by the appropriate governing body revision. This proposed action does not has an established relationship as the within that community before it is establish a limit on the amount of time governmental body recognized by the certified by NMFS. The definition for that a non-profit would have to correct State for purposes of governmental ‘‘eligible community’’ is revised by deficiencies in an application. functions would recommend the non- redesignating the existing paragraph as To minimize potential conflicts that profit entity to serve as the CQE for that paragraph (1) for purposes of the CDQ may exist among non-profit entities community. Program and by adding a new paragraph seeking qualification as a CQE, NMFS Communities without governing (2) for purposes of the IFQ Program. would not consider a recommendation bodies. Those communities that are not (a) Annual Report. from a community governing body incorporated as a municipality, or supporting more than one non-profit represented by a tribal government NMFS would require each CQE to entity to hold QS on behalf of that recognized by the Bureau of Indian submit an annual report by January 31 community. The specific community Affairs, and that do not have a to NMFS and to the governing body for governing body that would be relied on community non-profit association each community represented by the to make a recommendation would recognized by the State for purposes of CQE, detailing the use of QS and IFQ by recommend a non-profit entity would governmental functions, would not be the CQE and community residents vary depending on the governance eligible to recommend a non-profit during the previous year’s fishing structure of the particular community. entity to hold QS on its behalf until a season. That annual report would

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contain the following information for annual basis. This annual report would eligibility and the regulations for this the preceding fishing season: also be provided to the governing body program. (1) Identification of the eligible of each community represented by the Effect of this Action community, or communities, CQE. This would assist the governing represented by the CQE ; body and residents of that community Assuming that CQEs are formed and (2) Total amount of halibut QS and in reviewing the activities of the CQE enter the QS market, this action could sablefish QS held by the CQE at the start relative to that community. affect the distribution of halibut and of the calendar year and at the end of Submitting the annual report by sablefish QS and the associated IFQ the calendar year; January 31 would provide NMFS throughout the GOA. Specifically, by (3) Total amount of halibut and adequate time to review the annual enabling non-profit entities to hold QS, sablefish IFQ leased from the CQE; report before issuing annual IFQ to the some QS may shift from existing QS (4) Names, business addresses, and CQE at the beginning of the IFQ fishing holders to these new eligible non-profit amount of halibut and sablefish IFQ season and would provide an entities. No data exist to predict the received by each individual to whom opportunity for NMFS to indicate to the source of the QS that would be the CQE leased IFQ; CQE any deficiencies that may exist in purchased by CQEs, the amount that (5) The name, ADF&G vessel the annual report and allow that CQE would be purchased by CQEs, or the registration number, USCG time to make corrections. specific fishing activities of those documentation number, length overall, The Council also requested that the individuals that lease IFQ from the and home port of each vessel from communities provide information on CQEs. Because the potential effects of which the IFQ leased from community the location of landings and other this proposed rule are unknown, the owned QS was fished; biological data to assess the distribution Council proposed limits on the amount (6) The names, and business of landings that occur. These data are of QS that each community may hold addresses of those individuals routinely reported on the State Fish individually and in the aggregate. employed as crew members when Ticket and IFQ landing reports and can This action would not increase the fishing the IFQ derived from the QS be summarized by NMFS. CQEs would overall harvests of either the halibut or held by the CQE. not be expected to have access to these sablefish resource. The amount of (7) A detailed description of the records. NMFS routinely collects halibut and sablefish available for criteria used by the CQE to distribute specific information on the transfer of harvest would not be affected by this IFQ leases among eligible community QS as part of transfer applications. proposed rule and would remain residents; Therefore, NMFS can collect several limited by the annual catch limit (8) A description of efforts made to components of the annual report and established for halibut by the IPHC and employ crew members who are eligible provide them to the Council and the the annual TAC for sablefish established community residents of the eligible communities as requested. Specifically, by the Council. community aboard vessels on which NMFS can provide directly to the Although this action may affect the IFQ derived from QS held by a CQE is Council or any of the CQEs items 1 distribution of harvests within the being fished; through 4 and item 13, as described sablefish and halibut management areas, (9) A description of the process used above. The CQEs may wish to the potential effect of this redistribution to solicit lease applications from eligible incorporate this information in the of effort is unknown. community residents of the eligible annual report provided to the Council Some effect on the price of QS could community on whose behalf the CQE is and the community governing body. be expected. Authorizing new entities to holding QS; This proposed rule does not require that enter the QS market could increase the (10) The names and business the CQEs collect this information competition for QS and could result in addresses and amount of IFQ requested separately. elevated prices. However, the effect of by each individual applying to receive If a CQE fails to submit a timely and this potential competition on the market IFQ from the CQE; complete annual report, or if other value of QS is unknown. (11) Any changes in the bylaws of the information indicates that the CQE is Nothing in this proposed rule is CQE, board of directors, or other key not adhering to the procedures for expected to undermine existing management personnel; distributing or managing QS and IFQ on management measures designed to (12) Copies of minutes and other behalf of a community as established prevent overfishing or increase the relevant decision making documents under its application and these bycatch of non-target species. The intent from CQE board meetings; and regulations, then NMFS would initiate of this proposal is to expand the (13) The number of vessels that fished an administrative action to suspend the opportunity for fishermen in remote for IFQ derived from QS held by a CQE. ability of that CQE to transfer QS and fishing communities to harvest The purpose of the annual report is to IFQ, and to receive additional QS by commercial halibut and sablefish. Any assist NMFS and the Council to assess transfer. This action would be possible effect on local stock abundance the performance of the CQEs in meeting implemented consistent with the would depend on the amount of QS the objectives of providing for administrative review procedures purchased and the actual fishing community-held QS. The Council provided at 50 CFR 679.43. Also, a CQE locations of the IFQ lessees, as expressed its intent that the use of would be subject to enforcement actions compared to the current distribution of community QS would be reviewed 5 for violating regulations. Because of the fishing effort. No effect on the overall years after the effective date of significant impacts these restrictions stock abundance would be expected. implementing the regulations. The can impose on a community for which Council may use the annual reports in the CQE holds QS, communities are Classification this review. In particular, the Council encouraged to carefully monitor the This proposed rule has been wished to evaluate the distribution of actions of a CQE and to provide a determined to be not significant for the IFQ leases within a community, the use mechanism to ensure that the CQE acts purposes of Executive Order 12866. of IFQ by local crew members, and the in the best interest of that community The Council and NMFS prepared an percentage of IFQ resulting from and fulfills all the requirements Initial Regulatory Flexibility Analysis community-held QS that is fished on an established in its application for (IRFA) that describes the impact this

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proposed rule, if adopted, would have cumulative use cap. The cap limits maintaining the data needed, on small entities. The IRFA considered CQEs to holding a maximum of 3 completing and reviewing the collection two alternatives. The first alternative is percent of the total halibut and sablefish of information, and sending the initial the status quo alternative in which only QS in each IFQ regulatory area per year, application to NMFS to become a CQE, qualified persons, as defined under for a total of 21 percent of the total and sending the annual report to NMFS current Federal regulations, would be halibut and sablefish QS in each IFQ and the community governing body of eligible to hold QS. The second regulatory area in the GOA. Limiting the the community that the CQE represents. alternative would allow eligible amount of QS that communities can Public comment is sought regarding: communities in the GOA, as defined in purchase each year would mitigate the whether this proposed collection of this proposed action, to hold halibut effects of expanding the universe of information is necessary for the proper and sablefish QS for use by residents of potential new participants in the QS performance of the functions of the those eligible communities. The second market. agency, including whether the alternative would address concerns This action may have an economic information shall have practical utility; noted in the IRFA regarding the lack of benefit for small entities, to the extent the accuracy of the burden estimate; initially issued QS and the loss of QS in that this action provides additional ways to enhance the quality, utility, and remote, fishery-dependent GOA fishing opportunities to rural fishermen. clarity of the information to be communities and thus, address negative The benefit is largely due to the collected; and ways to minimize the impacts sustained by these communities redistribution of fishing opportunities, burden of the collection of information, through loss of participation in the IFQ and is primarily a social benefit, not a including through the use of automated fisheries that would continue under the strictly economic benefit. However, the collection techniques or other forms of status quo. This action proposes to potential economic benefits of this information technology. Send comments implement the second alternative possibility can not now be measured or on these or any other aspects of the considered in the IRFA. estimated. collection of information to Sue As of December 31, 2001, the most Net benefits cannot be quantified Salveson, Assistant Regional recent year for which data are available because of the importance of non- Administrator for Sustainable Fisheries, for analysis, NMFS records show 1,534 market social costs and benefits in the at the ADDRESSES above, and to the halibut QS holders in Area 2C, 2,047 QS proposed action. The sale of QS to the Office of Information and Regulatory holders in 3A, and 585 QS holders in CQEs will increase the revenues of some Affairs, OMB facsimile or email at the Area 3B. Similarly, as of December 31, community members who may wish to ADDRESSES above. 2001, NMFS data indicate 486 sablefish exit the fishery, or redirect capital into Notwithstanding any other provision QS holders in the Southeast Area, 300 other industries within the larger of the law, no person is required to QS holders in the West Yakutat Area, communities incurring a net loss of QS. respond to, nor shall any person be 442 QS holders in the Central Gulf Area, To the extent that residents within subject to a penalty for failure to comply and 177 QS holders in the Western Gulf larger communities currently hold with, a collection of information subject Area. All of these QS holders could be proportionally more quota shares, these to the requirements of the PRA, unless considered small entities for purposes of residents, and presumably the that collection of information displays a the Regulatory Flexibility Act (RFA). communities where they live, will currently valid OMB Control Number. The proposed rule could impact the benefit from the compensation received There are no duplicative, overlapping, estimated 860 registered commercial by the sale of quota, otherwise they or conflicting Federal rules associated halibut buyers participating in the would not voluntarily choose to sell. with this proposed rule. commercial halibut and sablefish IFQ Although the Council and NMFS do not program, many of which are small anticipate that this rule would have a List of Subjects in 50 CFR Part 679 entities. Also classified as small entities significant impact on a substantial Alaska, Fisheries, Recordkeeping and under the RFA are the 42 communities number of small entities, they are reporting requirements. unable to state this with certainty and that would qualify as eligible to Dated: October 8, 2003. participate in the IFQ Program as small therefore prepared an IRFA. government jurisdictions with fewer This proposed rule contains Rebecca Lent, than 50,000 residents. collection-of-information requirements Deputy Assistant Administrator for Analysis of the proposed action subject to the Paperwork Reduction Act Regulatory Programs, National Marine indicates no adverse impact on small (PRA). The following requirement and Fisheries Service. entities from this action. This action estimated response time has been For the reasons discussed in the does not reallocate QS away from approved by OMB under control preamble, 50 CFR part 679 is proposed existing QS holders. The potential number 0648–0272: 2 hours for to be amended as follows: adverse effects of this proposed action Application for Transfer Eligibility PART 679—FISHERIES OF THE would be limited to the potential Certificate (TEC). EXCLUSIVE ECONOMIC ZONE OFF increase in competition which may exist The following requirements have been ALASKA between CQEs, existing QS holders, and submitted to OMB for approval: 200 new entrants in the QS market. This hours for the Application to Become a 1. The authority citation for 50 CFR competition could increase the market CQE; and 40 hours for the CQE annual part 679 continues to read as follows: price of QS for all persons seeking to report; 2 hours for an Application for Authority: 16 U.S.C. 773 et seq, 1801 et purchase QS. No data exist to determine Transfer of QS or IFQ; 30 minutes for seq., 3631 et seq., Title II of Division C, Pub. if this potential increase in QS price Approval of Transfer of QS from L. 105–277; Sec. 3027, Pub. L. 106–31, 113 would occur, or if it would disadvantage Governing Body; and 10 hours for a Stat. 57; 16 U.S.C. 1540(f). existing QS holders or new entrants community petition for, and State 2. In § 679.2, the definition for relative to CQEs. comments on, forming a governing ‘‘Eligible community’’ is revised and The ability of CQEs to compete in the body. new definitions for ‘‘Community quota QS market is limited by 3 factors: Their These estimates include the time for entity (CQE)’’ and ‘‘Eligible community access to capital, the amount of QS reviewing instructions, searching resident’’ are added in alphabetical available on the market, and the existing data sources, gathering and order to read as follows:

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§ 679.2 Definitions. (iv) Is not accessible by road to a (H) Copies of minutes and other * * * * * community larger than 1,500 persons relevant decision making documents Community quota entity (CQE): (for based on the 2000 United States Census. from CQE board meetings. purposes of the IFQ Program) means a * * * * * (ii) Additional information may be non-profit organization that: Eligible community resident means, submitted as part of the annual report (1) Did not exist prior to April 10, for purposes of the IFQ Program, any based on data available through NMFS. 2002; individual who: This includes: (2) Represents at least one eligible (1) Is a citizen of the United States; (A) Identification of the eligible community that is listed in Table 21 of (2) Has maintained a domicile in a community, or communities, this part; and, rural community listed in Table 21 to represented by the CQE; (B) Total amount of halibut QS and (3) Has been approved by the Regional this part for the 12 consecutive months sablefish QS held by the CQE at the start Administrator to obtain by transfer and immediately preceding the time when of the calendar year and at the end of hold QS, and to lease IFQ resulting from the assertion of residence is made, and who is not claiming residency in the calendar year; the QS on behalf of an eligible (C) Total amount of halibut and community. another community, state, territory, or country; and sablefish IFQ leased from the CQE; * * * * * (3) is an IFQ crew member. (D) Names, business addresses, and Eligible community means: * * * * * amount of halibut and sablefish IFQ (1) For purposes of the CDQ program, 3. In § 679.5, paragraph (l)(8) is added received by each individual to whom a community that is listed in Table 7 to to read as follows: the CQE leased IFQ; this part or that meets all of the (E) Number of vessels that fished for following requirements: § 679.5 Recordkeeping and reporting IFQ derived from QS held by a CQE. (i) The community is located within (R&R). * * * * * 50 nm from the baseline from which the * * * * * 4. In § 679.7, paragraphs (f)(16) and breadth of the territorial sea is measured (l) * * * (f)(17) are added to read as follows: along the Bering Sea coast from the (8) CQE Annual Report for an Eligible Bering Strait to the most western of the Community. By January 31, the CQE § 679.7 Prohibitions. Aleutian Islands, or on an island within shall submit a complete annual report * * * * * the Bering Sea. A community is not on halibut and sablefish IFQ activity for (f) * * * eligible if it is located on the GOA coast the prior fishing year, for each (16) Hire a master to fish for IFQ of the North Pacific Ocean, even if it is community represented by the CQE to halibut or IFQ sablefish that is derived within 50 nm of the baseline of the the Regional Administrator, National from QS held by a CQE. Bering Sea. Marine Fisheries Service, Post Office (17) Process IFQ halibut or IFQ (ii) That is certified by the Secretary Box 21668, Juneau, AK 99802, and to sablefish onboard a vessel on which a of the Interior pursuant to the Native the governing body of those person is using IFQ derived from QS Claims Settlement Act (Public Law 92– communities identified in Table 21 to held by a CQE. 203) to be a native village. this part. * * * * * (iii) Whose residents conduct more (i) A complete annual report contains 5. In § 679.41, paragraphs (d)(1) and than half of their current commercial or the following information: (g)(1) are revised, and paragraphs subsistence fishing effort in the waters (A) Name, ADF&G vessel registration (c)(10), (e)(4), (e)(5), (g)(5) through (g)(8), of the BSAI. number, USCG documentation number, and (l) are added to read as follows: length overall, and home port of each (iv) That has not previously deployed § 679.41 Transfer of quota shares and IFQ. harvesting or processing capability vessel from which the IFQ leased from * * * * * sufficient to support substantial QS held by a CQE was fished; (B) Name and business addresses of (c) * * * groundfish fisheries participation in the individuals employed as crew members (10) If the person applying to transfer BSAI, unless the community can show when fishing the IFQ derived from the or receive QS or IFQ is a CQE, the that benefits form an approved CDP QS held by the CQE; following determinations are required would be the only way to realize a (C) Detailed description of the criteria for each eligible community represented return from previous investment. The used by the CQE to distribute IFQ leases by that CQE: community of Unalaska is excluded among eligible community residents; (i) An individual applying to receive under this provision. (D) Description of efforts made to IFQ from QS held by a CQE is an (2) For purposes of the IFQ program, employ crew members who are eligible eligible community resident of the a community that is listed in Table 21 community residents of the eligible eligible community in whose name the to this part, and that: community aboard vessels on which CQE is holding QS; (i) Is a municipality or census IFQ derived from QS held by a CQE is (ii) The CQE applying to receive or designated place as defined in the 2000 being fished; transfer QS, has submitted a complete United States Census located on the (E) Description of the process used to annual report(s) required by 679.5 (l)(8) GOA coast of the North Pacific Ocean; solicit lease applications from eligible of this section; (ii) Has a population of not less than community residents of the eligible (iii) The CQE applying to transfer QS 20 and not more than 1,500 persons community on whose behalf the CQE is has provided information on the reasons based on the 2000 United States Census; holding QS; for the transfer as described in (iii) Has had a resident of that (F) Names and business addresses and paragraph (g)(7) of this section; community with at least one amount of IFQ requested by each (iv) The CQE applying to receive QS commercial landing of halibut or individual applying to receive IFQ from is eligible to hold QS on behalf of the sablefish made during the period from the CQE; eligible community in the halibut or 1980 through 2000, as documented by (G) Any changes in the bylaws of the sablefish regulatory area designated for the State of Alaska Commercial CQE, board of directors, or other key that eligible community in Table 21 to Fisheries Entry Commission; and management personnel; this part; and

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(v) The CQE applying to receive QS (iv) To dissolve the CQE; or not limited to: the board of directors, has received notification of approval of (v) As a result of a court order, officers, representatives, and any eligibility to receive QS/IFQ for that operation of law, or as part of a security managers; community as described in paragraph agreement. (C) A description of the organizational (d)(1) of this section. (8) If the Regional Administrator management structure of the non-profit (d) Eligibility to receive QS or IFQ by determines that a CQE transferred QS including resumes of management transfer—(1) Application for Eligibility. for purposes other than those specified personnel, including the name, address, All persons applying to receive QS or in paragraph (g)(7) of this section, then: fax number, telephone, email, and any IFQ must submit an Application for (i) The CQE must divest itself of any other contact information for the non- Eligibility to Receive QS/IFQ remaining QS holdings and will not be profit entity; (Application for Eligibility), containing eligible to receive QS by transfer for a (D) A description of how the non- accurate information, to the Regional period of three years after the date of the profit entity is qualified to manage QS Administrator, except that an Regional Administrator’s determination; on behalf of the eligible community, or Application for Eligibility to Receive and communities, it is designated to QS/IFQ (Application for Eligibility) is (ii) The Regional Administrator will represent, and a demonstration that the not required if a complete application to not approve a CQE to represent the non-profit entity has the management, become a CQE, as described in eligible community in whose name the technical expertise, and ability to paragraph (l)(3) of this section, has been CQE transferred quota for a period of manage QS and IFQ; and approved by the Regional Administrator three years after the date of the Regional (E) The name of the non-profit on behalf of an eligible community. The Administrator’s determination. organization, taxpayer ID number, Regional Administrator will not approve * * * * * NMFS person number, permanent a transfer of IFQ or QS to a person until (l) Transfer of QS to CQEs.—(1) Each business mailing addresses, name of the Application for Eligibility for that contact persons and additional contact person is approved by the Regional eligible community must designate a CQE to transfer and hold QS on behalf information of the managing personnel Administrator. The Regional for the non-profit entity, name of Administrator shall provide an of that community. (2) Each eligible community may community represented by the CQE, Application for Eligibility form to any name of contact for the governing body person on request. designate only one CQE to hold QS on behalf of that community at any one of the community represented, date, * * * * * time. name and notarized signature of (e) * * * applicant, Notary Public signature and (4) A CQE may not purchase or use (3) Prior to initially receiving QS by transfer on behalf of a specific eligible date when commission expires. sablefish QS blocks less than or equal to (iv) A statement describing the community, a non-profit entity that the number of QS units specified in procedures that will be used to intends to represent that eligible (e)(2)(i) through (e)(2)(iv) of this section. determine the distribution of IFQ to community as a CQE must submit a (5) A CQE may not purchase or use residents of the community represented complete application to become a CQE halibut QS blocks less than or equal to by that CQE, including: the number of QS units specified in to the Regional Administrator, National (A) Procedures used to solicit requests (e)(3)(i) and (e)(3)(ii) of this section. Marine Fisheries Service, Post Office from residents to lease IFQ; and Box 21668, Juneau, AK 99802. The * * * * * (B) Criteria used to determine the (g) * * * Regional Administrator, will provide a distribution of IFQ leases among (1) Except as provided in paragraph copy to the Alaska Department of qualified community residents and the (f), paragraph (g)(2), or paragraph (l) of Community and Economic relative weighting of those criteria; this section, only persons who are IFQ Development, Commissioner, P.O. Box (v) A statement of support from the crew members, or who were initially 110809, Juneau, AK 99811–0809. governing body of the eligible issued QS assigned to vessel categories Comments by the State of Alaska on an community as that governing body is B, C, or D, and meet the eligibility application to become a CQE must be identified in Table 21 to this part. That requirements in this section, may submitted to the NMFS, P.O. Box 21668, statement of support is: receive by transfer QS assigned to vessel Juneau, AK 99802 within 30 days of the (A) A resolution from the City Council categories B, C, or D, or the IFQ application being received by the State. or other official governing body for resulting from it. NMFS will consider comments received those eligible communities incorporated by the Alaska Department of * * * * * as first or second class cities in the State (5) a CQE may not hold QS in halibut Community and Economic of Alaska; IFQ regulatory areas 2C or 3A that is Development, when reviewing (B) A resolution from the tribal assigned to vessel category D. applications for a non-profit entity to government authority recognized by the (6) Except as provided by paragraph become a CQE. A complete application Bureau of Indian Affairs for those (f) of this section, QS held by a CQE on to become a CQE consists of: eligible communities that are not behalf of an eligible community may be (i) The articles of incorporation for incorporated as first or second class used only by an eligible community that non-profit entity in the State of cities in the State of Alaska; but are resident of that eligible community. Alaska; represented by a tribal government (7) A CQE may transfer QS: (ii) A statement designating the authority recognized by the Secretary of (i) To generate revenues to provide eligible community, or communities, the Interior; funds to meet administrative costs for represented by that non-profit entity for (C) A resolution from a non-profit managing the community QS holdings: purposes of holding QS; community association, homeowner (ii) To generate revenue to improve (iii) Management organization association, community council, or the ability of residents within the information, including: other non-profit entity for those eligible community to participate in the halibut (A) The bylaws of the non-profit communities that are not incorporated and sablefish IFQ fisheries; entity; as first or second class cities in the State (iii) To generate revenue to purchase (B) A list of key personnel of the of Alaska, and is not represented by a QS for use by community residents; managing organization including but tribal government authority recognized

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by the Bureau of Indian Affairs. The (3) The governing body of an eligible (6) In the aggregate, all CQEs are non-profit entity that provides a community as that governing body is limited to holding a maximum of 3 statement of support must: identified in Table 21 to this part, must percent of the total QS in those IFQ (1) Have articles of incorporation as a provide authorization for any transfer of regulatory areas specified in non-profit community association, QS by the CQE that holds QS on behalf § 679.41(e)(2)(i) through (e)(2)(iv) of this homeowner association, community of that eligible community prior to that part for sablefish in the first calendar council, or other non-profit entity; transfer of QS being approved by NMFS. year implementing the regulation in this (2) Have an established relationship This authorization must be submitted as section. In each subsequent calendar with the State of Alaska Department of part of the Application for Transfer. year, this aggregate limit on all CQEs Community and Economic Development That authorization consists of a shall increase by an additional 3 percent for purposes of representing that signature on the Application for in each IFQ regulatory area specified in community for governmental functions. Transfer by a representative of the § 679.41(e)(2)(i) through (e)(2)(iv) of this (D) If an eligible community is not governing body that has been designated part up to a maximum limit of 21 incorporated as a first or second class by that governing body to provide such percent of the total QS in each city in the State of Alaska, is not authorization to approve the transfer of regulatory area specified in Section represented by a tribal government QS. 679.41(e)(2)(i) through (e)(2)(iv) of this authority recognized by the Secretary of 6. In § 679.42, paragraphs (a), (f), part for sablefish. the Interior, and does not have a non- (g)(1), and (h) are revised, and (7) No individual that receives IFQ profit community association, paragraphs (e)(3) through (e)(8), and derived from sablefish QS held by a homeowner association, community (i)(4) are added to read as follows: CQE may hold, individually or council, or other non-profit entity collectively, more than 50,000 pounds § 679.42 Limitations on use of QS and IFQ. within that community with an (22.7 mt) of IFQ sablefish derived from established relationship with the Alaska (a) IFQ regulatory area and vessel any sablefish QS source. Department of Community and category. (1) The QS or IFQ specified for (8) A CQE receiving category B, or C Economic Development for purposes of one IFQ regulatory area must not be sablefish QS through transfer may lease representing that community for used in a different IFQ regulatory area. the IFQ resulting from that QS only to purposes of governmental functions, (2) The QS or IFQ assigned to one an eligible community resident of the then NMFS will not consider any vessel category must not be used to eligible community on whose behalf the statement from a non-profit entity harvest IFQ species on a vessel of a QS is held. representing that community until that different vessel category, except: (f) Halibut QS use. (1) Unless the community: (i) As provided in paragraph (k) of amount in excess of the following limits (1) Is incorporated as a first or second this section (processing fish other than was received in the initial allocation of class city in the State of Alaska; IFQ halibut and IFQ sablefish); halibut QS, no person, individually or (2) Establishes a tribal government (ii) As provided in § 679.41(i)(1) of collectively, may use more than: authority recognized by the Secretary of this part (CDQ compensation QS (i) IFQ Regulatory area 2C. 599,799 the Interior; or exemption); units of halibut QS. (ii) IFQ regulatory area 2C, 3A, and (3) Establishes a non-profit (iii) IFQ derived from QS held by a 3B. 1,502,823 units of halibut QS. community association, homeowner CQE may be used to harvest IFQ species from a vessel of any length. (iii) IFQ regulatory area 4A, 4B, 4C, association, community council, or 4D, and 4E. 495,044 units of halibut QS. other non-profit entity within that (3) Notwithstanding § 679.40(a)(5)(ii) of this part, IFQ assigned to vessel (2) No CQE may receive an amount of community that meets the requirements halibut QS on behalf of any single established in paragraph (l)(3)(v)(E) of Category B must not be used on any vessel less than or equal to 60 ft (18.3 eligible community which is more than: this section. (i) IFQ Regulatory area 2C. 599,799 (E) If a community described under m) LOA to harvest IFQ halibut in IFQ regulatory area 2C or IFQ sablefish in units of halibut QS. paragraph (l)(3)(v)(D) of this section (ii) IFQ regulatory area 2C, 3A, and establishes a non-profit community the regulatory area east of 140 degrees W. long. unless such IFQ derives from 3B. 1,502,823 units of halibut QS. association, homeowner association, (3) No CQE may hold halibut QS in blocked QS units that result in IFQ of community council, or other non-profit the IFQ regulatory areas 4A, 4B, 4C, 4D, less than 5,000 lb (2.3 mt), based on the entity within that community, then and 4E. 1996 TAC for fixed gear specified for the NMFS will consider any (4) A CQE representing an eligible IFQ halibut fishery and the IFQ recommendations from this entity to community may receive by transfer or sablefish fishery in each of these two support a particular applicant after use QS only in the IFQ regulatory areas regulatory areas. reviewing: designated for that species and for that (1) Petitions from residents affirming * * * * * eligible community as described in that the non-profit community (e) * * * Table 21 to this part. association, homeowner association, * * * * * (5) In the aggregate, all CQEs are community council, or other non-profit (3) No CQE may hold sablefish QS in limited to holding a maximum of 3 entity within that community represents the IFQ regulatory areas of the Bering percent of the total QS in those IFQ the residents within that community; Sea subarea and the Aleutian Islands regulatory areas specified in and subareas. § 679.41(e)(3)(i) through (e)(3)(iii) of this (2) Comments from the State of Alaska (4) No CQE may hold more than part for halibut in the first calendar year Department of Community and 3,229,721 units of sablefish QS on implementing the regulation in this Economic Development on the articles behalf of any single eligible community. section. In each subsequent calendar of incorporation for that non-profit (5) In the IFQ regulatory area east of year, this aggregate limit on all entity and the ability of that non-profit 140 degrees W. long., no CQE may hold community quota entities shall increase entity to adequately represent the more than 688,485 units of sablefish QS by an additional 3 percent in each IFQ interests of that community for purposes for this area on behalf of any single regulatory area specified in of governmental functions. eligible community. § 679.41(e)(3)(i) through (e)(3)(iii) of this

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part. This limit shall increase up to a regulatory area and no more than five the fixed gear TAC of sablefish for this maximum limit of 21 percent of the total blocks of sablefish QS in any IFQ area. QS in each regulatory area specified in regulatory area on behalf of any eligible (ii) No vessel may be used, during any § 679.41(e)(3)(i) through (e)(3)(iii) to this community. fishing year, to harvest more than part for halibut. * * * * * 50,000 pounds (22.7 mt) of IFQ sablefish (6) No individual that receives IFQ (h) Vessel limitations. (1) Halibut. No from any sablefish QS source if that derived from halibut QS held by a CQE vessel may be used, during any fishing vessel is used to harvest IFQ sablefish may hold, individually or collectively, year, to harvest more than one-half derived from sablefish QS held by a more than 50,000 pounds (22.7 mt) of percent of the combined total catch CQE. IFQ halibut derived from any halibut QS limits of halibut for IFQ regulatory areas (3) A person who receives an source. 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E, (7) A CQE receiving category B, or C approved IFQ allocation of halibut or except that: halibut QS through transfer may lease sablefish in excess of these limitations (i) In IFQ regulatory area 2C, no vessel the IFQ resulting from that QS only to may nevertheless catch and retain all of may be used to harvest more than 1 an eligible community resident of the that IFQ with a single vessel, except that percent of the halibut catch limit for this eligible community represented by the this provision does not apply if that IFQ CQE. area. allocation includes IFQ derived from QS (g) * * * (ii) No vessel may be used, during any held by a CQE. However, two or more (1) Number of blocks per species. fishing year, to harvest more than persons may not catch and retain their Except as provided in paragraphs 50,000 pounds (22.7 mt) of IFQ halibut IFQ in excess of these limitations. (g)(1)(i) and (g)(1)(ii) of this section, no from any halibut QS source if that vessel * * * * * person, individually or collectively, is used to harvest IFQ halibut derived (i) * * * may hold more than two blocks of each from halibut QS held by a CQE. species in any IFQ regulatory area. (2) Sablefish. No vessel may be used, (i) A person, individually or during any fishing year, to harvest more * * * * * collectively, who holds unblocked QS than one percent of the combined fixed (4) IFQ derived from QS held by a for a species in an IFQ regulatory area, gear TAC of sablefish for the GOA and CQE must be used only by the may hold only one QS block for that BSAI IFQ regulatory areas, except that: individual whose IFQ permit account species in that regulatory area; and (i) In the IFQ regulatory area east of contains the resulting IFQ. (ii) A CQE may hold no more than ten 140 degrees W. long., no vessel may be 7. In 50 CFR part 679, Table 21 is blocks of halibut QS in any IFQ used to harvest more than 1 percent of added to read as follows:

TABLE 21 TO PART 679—ELIGIBLE GOA COMMUNITIES, HALIBUT IFQ REGULATORY USE AREAS, AND COMMUNITY GOVERNING BODY THAT RECOMMENDS THE COMMUNITY QUOTA ENTITY

Eligible GOA Community Community Governing Body that recommends the CQE

May use halibut QS only in halibut IFQ regulatory areas 2C, 3A Angoon ...... City of Angoon. Coffman Cove ...... City of Coffman Cove. Craig ...... City of Craig. Edna Bay ...... Edna Bay Community Association. Elfin Cove ...... Community of Elfin Cove. Gustavus ...... Gustavus Community Association. Hollis ...... Hollis Community Council. Hoonah ...... City of Hoonah. Hydaburg ...... City of Hydaburg. Kake ...... City of Kake. Kasaan ...... City of Kasaan. Klawock ...... City of Klawock. Metlakatla ...... Metlakatla Indian Village. Meyers Chuck ...... N/A. Pelican ...... City of Pelican. Point Baker ...... Point Baker Community. Port Alexander ...... City of Port Alexander. Port Protection ...... Port Protection Community Association. Tenakee Springs ...... City of Tenakee Springs. Thorne Bay ...... City of Thorne Bay. Whale Pass ...... Whale Pass Community Association. May use halibut QS only in halibut IFQ regulatory areas 3A, 3B Akhiok ...... City of Akhiok. Chenega Bay ...... Chenega IRA Village. Chignik ...... City of Chignik. Chignik Lagoon ...... Chignik Lagoon Village Council. Chignik Lake ...... Chignik Lake Traditional Council. Halibut Cove ...... N/A. Ivanof Bay ...... Ivanof Bay Village Council. Karluk ...... Native Village of Karluk. King Cove ...... City of King Cove. Larsen Bay ...... City of Larsen Bay.

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TABLE 21 TO PART 679—ELIGIBLE GOA COMMUNITIES, HALIBUT IFQ REGULATORY USE AREAS, AND COMMUNITY GOVERNING BODY THAT RECOMMENDS THE COMMUNITY QUOTA ENTITY—Continued

Eligible GOA Community Community Governing Body that recommends the CQE

May use halibut QS only in halibut IFQ regulatory areas 3A, 3B Nanwalek ...... Nanwalek IRA Council. Old Harbor ...... City of Old Harbor. Ouzinkie ...... City of Ouzinkie. Perryville ...... Native Village of Perryville. Port Graham ...... Port Graham Village Council. Port Lyons ...... City of Port Lyons. Sand Point ...... City of Sand Point. Seldovia ...... City of Seldovia. Tatitlek ...... Native Village of Tatitlek. Tyonek ...... Native Village of Tyonek. Yakutat ...... City of Yakutat.

[FR Doc. 03–26074 Filed 10–15–03; 8:45 am] BILLING CODE 3510–22–S

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Notices Federal Register Vol. 68, No. 200

Thursday, October 16, 2003

This section of the FEDERAL REGISTER Avenue, SW., STOP 0516, Washington, Louisiana processors with surplus contains documents other than rules or DC 20250–0516; telephone (202) 720– allocation and reassigned to processors proposed rules that are applicable to the 4146; FAX (202) 690–1480; e-mail: with surplus supply within Louisiana public. Notices of hearings and investigations, [email protected] (attached table, column C). This amount committee meetings, agency decisions and was insufficient to cover Louisiana’s rulings, delegations of authority, filing of FOR FURTHER INFORMATION CONTACT: petitions and applications and agency Barbara Fecso at (202) 720–4146. overall shortfall. statements of organization and functions are SUPPLEMENTARY INFORMATION: Section • Then, the excess allotment of examples of documents appearing in this 359e(a) of the Agricultural Adjustment 11,100 STRV for Hawaii was section. Act of 1938, as amended by the Farm redistributed to the remaining cane Security and Rural Investment Act of states (attached table, column D). 2002, requires a periodic review to Beet Sector: DEPARTMENT OF AGRICULTURE determine (in view of current sugar • Using August survey data for the Commodity Credit Corporation inventories, estimated sugar production, expected marketings and other pertinent current year, it was determined that Domestic Sugar Program—Revisions factors) whether (1) any sugarcane three beet sugar processors had 2002- of 2002-Crop Sugar Marketing processor will be unable to market the crop allocation that would not be used Allotments and Allocations sugar covered by the portion of the State while three processors showed an cane sugar allotment allocated to the allocation shortfall. The surplus AGENCY: Commodity Credit Corporation, processor; and (2) any sugar beet allocation of 8,679 STRV from the first USDA. processor will be unable to market its three was surrendered and reassigned to ACTION: Notice. allocation. Section 359e(b)(1)(B) further other three (attached table, column D). provides for the reassignment of the Two organizational changes are SUMMARY: This notice is to announce estimated quantity of a State deficit recognized in this Federal Register that the Commodity Credit Corporation proportionately to the allotments for announcement: (CCC) has reassigned the unused 2002- other cane sugar States (depending on crop (Fiscal Year 2003) allocations each State’s capacity to market) when a 1. The merger of M.A. Patout & Sons, among cane and beet sugar processors. State does not have the capacity to Raceland Sugars and Sterling Sugars This announcement lists the final fulfill its allotment among its own into M.A. Patout & Sons—a Louisiana revised 2002-crop sugar marketing processors. cane processor with a single allocation. allotments and allocations. This In September 2003, sugarcane and 2. The September 8, 2003, sale of all reassignment is effective September 26, sugar beet processors submitted assets of the Pacific Northwest Sugar 2003, and applies to all domestic cane revisions of their 2002-crop production Company (PNS) to the American Crystal and beet sugar marketed for human and ending stocks estimates to CCC for Sugar Company (ACS). In accordance consumption in the United States from the purpose of calculating a final with section 359d (b)(2)(F) of the October 1, 2002, through September 30, reassignment. The allotments/ Agriculture Adjustment Act of 1938, as 2003. allocations were calculated for the cane amended, CCC permanently transferred ADDRESSES: Barbara Fecso, Dairy and and beet sectors as follows: the beet sugar allocation of PNS to ACS. Sweeteners Analysis Group, Economic Cane Sector: The final revised 2002-crop sugar Policy and Analysis Staff, Farm Service • First, 14,878 short tons, raw value marketing allotments and allocations are Agency, USDA, 1400 Independence (STRV) of allocation were taken from listed in the following table:

FISCAL YEAR 2003 SUGAR MARKETING ALLOTMENTS AND ALLOCATIONS [Revised September, 2003]

D B C New— E Last New—cane reassignments New allotment/ reassignments across all allotment/ allocation within processors by allocation States sector

(short tons, raw value)

Overall Beet/Cane Allotments: Beet Sugar ...... 4,708,341 0 0 4,708,341 Cane Sugar (includes P. Rico) ...... 3,954,660 0 0 3,954,660

Total OAQ ...... 8,663,000 ...... 8,663,000

Beet Reassignment to CCC ...... 174,000 ...... 174,000 Allotment Available to Beet ...... 4,534,341 ...... 4,534,341 Allotment Available to Cane ...... 3,954,660 ...... 3,954,660 Beet Processors’ Marketing Allocations: Amalgamated Sugar Co...... 976,021 ...... 0 976,021

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FISCAL YEAR 2003 SUGAR MARKETING ALLOTMENTS AND ALLOCATIONS—Continued [Revised September, 2003]

D B C New— E Last New—cane reassignments New allotment/ reassignments across all allotment/ allocation within processors by allocation States sector

American Crystal Sugar Co...... 1,654,335 ...... 7,411 1,661,746 Holly Sugar Corp...... 299,100 ...... 0 299,100 Michigan Sugar Co...... 340,509 ...... 0 340,509 Minn-Dak Farmers Co-op...... 305,067 ...... 36 305,103 Monitor Sugar Co...... 174,268 ...... ¥1,554 172,714 So. Minn Beet Sugar Co-op...... 300,785 ...... 1,232 302,018 Western Sugar Co...... 446,772 ...... ¥4,853 441,919 Wyoming Sugar Co...... 37,483 ...... ¥2,272 35,211

Total Beet Sugar ...... 4,534,341 ...... 0 4,534,341

State Cane Sugar Allotments: Florida ...... 2,104,337 ...... 6,201 2,110,538 Louisiana ...... 1,381,212 ...... 4,366 1,385,578 Texas ...... 178,326 ...... 534 178,860 Hawaii ...... 290,784 ...... ¥11,100 279,684 Puerto Rico ...... 0 0 0

Total Cane Sugar ...... 3,954,660 ...... 0 3,954,660

Cane Processors’ Marketing Allocations: Atlantic Sugar Assoc...... 163,777 ...... 0 163,777 Growers Co-op. of FL ...... 389,088 ...... 1,219 390,307 Okeelanta Corp...... 448,274 ...... 3,568 451,842 Osceola Farms Co...... 268,661 ...... 1,414 270,076 U.S. Sugar Corp...... 834,536 ...... 0 834,536

Total ...... 2,104,337 ...... 6,201 2,110,538

Alma Plantation ...... 77,257 4,847 1,422 83,526 Caire & Graugnard ...... 6,091 474 139 6,704 Cajun Sugar Co-op...... 106,711 0 0 106,711 Cora-Texas Mfg. Co...... 121,906 1,799 528 124,232 Harry Laws & Co...... 61,992 2,330 684 65,006 Iberia Sugar Co-op...... 64,543 ¥3,087 0 61,456 Jeanerette Sugar Co...... 63,626 0 0 63,626 Lafourche Sugars Corp...... 64,470 0 0 64,470 Louisiana Sugarcane Co-op...... 81,471 740 217 82,429 Lula Westfield, LLC ...... 147,840 4,688 1,376 153,904 M.A. Patout & Sons ...... 387,454 ¥2,060 0 385,394 St. Mary Sugar Co-op...... 89,485 ¥3,600 0 85,885 So. Louisiana Sugars Co-op...... 108,366 ¥6,131 0 102,235

Total ...... 1,381,212 0 4,366 1,385,578

Texas: Rio Grande Valley ...... 178,326 ...... 534 178,860 Hawaii: Gay & Robinson, Inc...... 64,298 ...... ¥3,600 60,698 Hawaiian Commercial & Sugar Company ...... 226,486 ...... ¥7,500 218,986

Total ...... 290,784 ...... ¥11,100 279,684

Puerto Rico: Agraso ...... 0 ...... 0 0 Roig ...... 0 ...... 0 0

Total ...... 0 ...... 0 0

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Signed in Washington, DC on October 3, business and discussion, review, and permit application forms provide basic 2003. recommendation of submitted project information about permit holders and James R. Little, proposals. the vessels and gear being used. This Executive Vice President, Commodity Credit DATES: The meeting will be held information is important for Corporation. October 20, 2003, from 4 p.m. until 6 understanding the nature of the fisheries [FR Doc. 03–26175 Filed 10–15–03; 8:45 am] p.m. and provides a link to participants. It BILLING CODE 3410–05–U also aids enforcement of regulations. ADDRESSES: The meeting will be held at Affected Public: Business or other for- the Yreka High School Library, Preece profit organizations, individuals or DEPARTMENT OF AGRICULTURE Way, Yreka, California. households. FOR FURTHER INFORMATION CONTACT: Don Frequency: Annually, biennially, on Forest Service Hall, RAC Coordinator, Klamath occasion. National Forest, (530) 841–4468 or Respondent’s Obligation: Mandatory. Notice of Lincoln County Resource electronically at [email protected]. OMB Desk Officer: David Rostker, Advisory Committee Meeting SUPPLEMENTARY INFORMATION: The (202) 395–3897.Copies of the above AGENCY: Forest Service, USDA. meeting is open to the public. A public information collection proposal can be ACTION: Notice of meeting. comment opportunity will be provided obtained by calling or writing Diana and individuals will have the Hynek, Departmental Paperwork SUMMARY: Pursuant to the authorities in opportunity to address the Committee at Clearance Officer, (202) 482–0266, the Federal Advisory Committee Act that time. Department of Commerce, Room 6625, (Public Law 92–463) and under the Dated: October 8, 2003. 14th and Constitution Avenue, NW., Secure Rural Schools and Community Washington, DC 20230 (or via the Margaret J. Boland, Self-Determination Act of 2000 (Public Internet at [email protected]).Written Law 106–393) the Kootenai National Designated Federal Official. comments and recommendations for the Forests’ Lincoln County Resource [FR Doc. 03–26111 Filed 10–15–03; 8:45 am] proposed information collection should Advisory Committee will meet on BILLING CODE 3410–11–M be sent within 30 days of publication of October 28, 2003 at 6 p.m. in Libby, this notice to David Rostker, OMB Desk Montana for business meetings. The Officer, FAX number (202) 395–7285, or meetings are open to the public. DEPARTMENT OF COMMERCE [email protected]. DATES: October 28, 2003. [I.D. 101003C] ADDRESSES: The meeting will be held at Dated: October 8, 2003. Submission for OMB Review; the Forest Supervisor’s Office, 1101 US Gwellnar Banks, Comment Request Highway 2 West, Libby. Management Analyst, Office of the Chief FOR FURTHER INFORMATION CONTACT: The Department of Commerce has Information Officer. Barbara Edgmon, Committee submitted to the Office of Management [FR Doc. 03–26202 Filed 10–15–03; 8:45 am] Coordinator, Kootenai National Forest at and Budget (OMB) for clearance the BILLING CODE 3510–22–S (406) 293–6211, or e-mail following proposal for collection of [email protected]. information under the provisions of the SUPPLEMENTARY INFORMATION: Agenda Paperwork Reduction Act (44 U.S.C. DEPARTMENT OF COMMERCE topics include discussion on field trips Chapter 35). for 2004, revision of the project proposal Agency: National Oceanic and Membership of the Departmental form and accepting project proposals Atmospheric Administration (NOAA). Performance Review Board Title: Southwest Region Permit earlier in the year. If the meeting date AGENCY: Department of Commerce or location is changed, notice will be Family of Forms. ACTION: Notice of membership of posted in the local newspapers, Form Number(s): None. OMB Approval Number: 0648–0204. Departmental Performance Review including the Daily Interlake based in Board. Kalispell, MT. Type of Request: Regular submission. Burden Hours: 248. SUMMARY: In accordance with 5 U.S.C., Dated: October 9, 2003. Number of Respondents: 369. Bob Castaneda, Average Hours Per Response: 30 4313(c)(4), DOC announces the Forest Supervisor. minutes for a permit application or appointment of persons to serve as members of the Office of the Secretary [FR Doc. 03–26110 Filed 10–15–03; 8:45 am] permit transfer (unless otherwise noted (OS) Performance Review Board (PRB). BILLING CODE 3410–11–M below); 1 hour for additional permit information (when requested) for the The OS/PRB is responsible for coastal pelagic fishery of the Pacific reviewing performance appraisals and DEPARTMENT OF AGRICULTURE coast; 1 hour for a limited entry permit ratings of Senior Executive Service application for bottomfish in the NWHI (SES) members. The appointment of Forest Service Ho’omalu Zone or the Mau Zone; 2 these members to the OS/PRB will be hours for a permit appeal; 2 hours for for periods of 24 months. Siskiyou County Resource Advisory an application for an exemption or EFFECTIVE DATE: The effective date of Committee experimental fishing permit; and 1 hour service of appointees to the Office of the AGENCY: Forest Service, USDA. for a waiver for NWHI Ho’omalu Zone Secretary Performance Review Board is upon publication of this notice. ACTION: Notice of meeting. or Mau Zone bottomfish permit renewal requirements. FOR FURTHER INFORMATION CONTACT: SUMMARY: The Siskiyou County Needs and Uses: Permits are required Janet C. Hoffheins, Deputy Director, Resource Advisory Committee will meet for persons to participate in Federally- Office of Executive Resources, Office of in Yreka, California, October 20, 2003. managed fisheries in the western Pacific Human Resources Management, Office The meeting will include routine region and off the West Coast. The of the Director, 14th and Constitution

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Avenue, NW., Washington, DC. 20230, Closed Session ADDRESSES: Written comments should (202) 482–4807. 5. Discussion of matters properly be sent to Richard V. Meyers, Co-Chair, SUPPLEMENTARY INFORMATION: The classified under Executive Order 12958, Stockpile Market Impact Committee, names, position titles, and type of dealing with the U.S. export control Office of Strategic Industries and appointment of the members of the OS/ program and strategic criteria related Economic Security, Room 3876, Bureau PRB are set forth below by organization: thereto. of Industry and Security, U.S. A limited number of seats will be Department of Commerce, 14th Street U.S. Department of Commerce available for the public session. and Constitution Avenue, NW, Office of the Secretary, Performance Reservations are not accepted. To the Washington, DC 20230; FAX (202) 482– Review Board Membership extent time permits, members of the 5650; E-mail: [email protected]. public may present oral statements to FOR FURTHER INFORMATION CONTACT: The following individuals are eligible The the PECSEA. Written statements may be to serve on the Performance Review co-chairs of the National Defense submitted at any time before or after the Board in accordance with the Senior Stockpile Market Impact Committee. meeting. However, to facilitate Executive Service Performance Contact either Richard V. Meyers, Office distribution of public presentation Management System of the Office of the of Strategic Industries and Economic materials to PECSEA members, the Secretary. Security, Bureau of Industry and PECSEA suggests that public Security, U.S. Department of Commerce, Kathleen J. Taylor presentation materials or comments be (202) 482–3634; or James Steele, Office Linda Moye-Cheatham forwarded before the meeting to the of Bilateral Trade Affairs, Bureau of Thomas N. Pyke, Jr. address listed below: Ms. Lee Ann Economic and Business Affairs, U.S. Miriam Cohen Carpenter, OSIES/EA/BIS MS: 3876, Department of State, (202) 647–2690. U.S. Department of Commerce, 14th St. Fred L. Schwien SUPPLEMENTARY INFORMATION: Under the & Constitution Ave., NW., Washington, David S. Bohigian authority of the Strategic and Critical DC 20230. Denise L. Wells A Notice of Determination to close Materials Stock Piling Act of 1979, as James L. Taylor meetings, or portions of meetings, of the amended, (50 U.S.C. 98 et seq.), the PECSEA to the public on the basis of 5 Department of Defense (‘‘DOD’’), as Janet C. Hoffheins, National Defense Stockpile Manager, Deputy Director, Office for Human Resources U.S.C. 522(c)(1) was approved on October 8, 2003, in accordance with the maintains a stockpile of strategic and Management. critical materials to supply the military, [FR Doc. 03–26086 Filed 10–15–03; 8:45 am] Federal Advisory Committee Act. For more information, call Ms. industrial, and essential civilian needs BILLING CODE 3510–BS–M Carpenter on (202) 482–2583. of the United States for national defense. Section 3314 of the Fiscal Year Dated: October 10, 2003. (‘‘FY’’) 1993 National Defense DEPARTMENT OF COMMERCE Matthew S. Borman, Authorization Act (‘‘NDAA’’) (50 U.S.C. Deputy Assistant Secretary for Export 98h–1) formally established a Market Bureau of Industry and Security Administration. Impact Committee (‘‘the Committee’’) to President’s Export Council [FR Doc. 03–26125 Filed 10–15–03; 8:45 am] ‘‘advise the National Defense Stockpile Subcommittee on Export BILLING CODE 3510–JT–M Manager on the projected domestic and Administration; Notice of Partially foreign economic effects of all Closed Meeting acquisitions and disposals of materials DEPARTMENT OF COMMERCE from the stockpile * * *’’ The The President’s Export Council Committee must also balance market Bureau of Industry and Security Subcommittee on Export impact concerns with the statutory Administration (PECSEA) will meet on [Docket No. 030930242–3242–01] requirement to protect the Government November 5, 2003, 10 a.m., at the U.S. against avoidable loss. Department of Commerce, Herbert C. National Defense Stockpile Market The Committee is comprised of Hoover Building, Room 4832, 14th Impact Committee Request for Public representatives from the Departments of Street between Pennsylvania and Comments on the Potential Market Commerce, State, Agriculture, Defense, Constitution Avenues, NW., Impact of Proposed Stockpile Energy, Interior, Treasury, and the Washington, DC. The PECSEA provides Disposals in FY 2004 and FY 2005 Department of Homeland Security, and advice on matters pertinent to those AGENCY: U.S. Department of Commerce. is co-chaired by the Departments of portions of the Export Administration ACTION: Notice of inquiry. Commerce and State. The FY 1993 Act, as amended, that deal with United NDAA directs the Committee to States policies of encouraging trade with SUMMARY: This notice is to advise the ‘‘consult from time to time with all countries with which the United public that the National Defense representatives of producers, processors States has diplomatic or trading Stockpile Market Impact Committee (co- and consumers of the types of materials relations and of controlling trade for chaired by the Departments of stored in the stockpile.’’ national security and foreign policy Commerce and State) is seeking public The National Defense Stockpile reasons. comments on the potential market Administrator is proposing (1) revision Public Session impact of proposed changes in the of the previously approved FY 2004 disposal levels of excess materials under Annual Materials Plan (‘‘AMP’’) 1. Opening remarks by the Chairman. the Fiscal Year 2004 Annual Materials quantities for four materials, and (2) the 2. Presentation of papers or comments Plan and proposed disposal levels under new FY 2005 AMP, as set forth in by the public. the Fiscal Year 2005 Annual Materials Attachment 1. The Committee is seeking 3. Bureau of Industry and Security Plan. public comments on the potential (BIS) and Export Administration update. DATES: Comments must be received by market impact of the sale of these 4. Export Enforcement update. November 17, 2003. materials as proposed in the revision of

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the FY 2004 AMP and the FY 2005 the Committee, interested parties are The records related to this Notice will AMP. encouraged to submit comments and be made accessible in accordance with The AMP quantities are not targets for supporting information at any time the regulations published in Part 4 of either sale or disposal. They are only a thereafter to keep the Committee Title 15 of the Code of Federal statement of the proposed maximum informed as to the market impact of the Regulations (15 CFR 4.1, et seq.). disposal quantity of each listed material sale of these commodities. Public Specifically, the Bureau of Industry and that may be sold in a particular fiscal comments are an important element of Security’s Freedom of Information Act year. The quantity of each material that the Committee’s market impact review (‘‘FOIA’’) reading room is located on its will actually be offered for sale will process. Web page, which can be found at depend on the market for the material http://www.bis.doc.gov, and copies of at the time of the offering as well as on Public comments received will be made available at the Department of the public comments received will be the quantity of each material approved maintained at that location (see for disposal by Congress. Commerce for public inspection and copying. Anyone submitting business Freedom of Information Act (FOIA) The Committee requests that heading). If requesters cannot access the interested parties provide written confidential information should clearly identify the business confidential web site, they may call (202) 482–2165 comments, supporting data and for assistance. documentation, and any other relevant portion of the submission and also information on the potential market provide a non-confidential submission Dated: October 9, 2003. impact of the sale of these commodities. that can be placed in the public file. The Matthew S. Borman, Although comments in response to this Committee will seek to protect such Acting Assistant Secretary for Industry and Notice must be received by November information to the extent permitted by Security, Bureau of Industry and Security, 17, 2003 to ensure full consideration by law. Department of Commerce.

ATTACHMENT 1—PROPOSED REVISION TO FY 2004 ANNUAL MATERIAL PLAN (AMP) AND PROPOSED FY 2005 AMP

Current FY Revised FY Proposed FY Material Units 2004 quantity 2004 quantity 2005 quantity

Aluminum Oxide, Abrasive ...... ST ...... 6,000 1 6,000 Bauxite, Refractory ...... LCT ...... 1 43,000 1 43,000 Beryl Ore ...... ST ...... 1 4,000 1 4,000 Beryllium Metal ...... ST ...... 40 40 Beryllium Copper Master Alloy ...... ST ...... 1 1,200 1 1,200 Cadmium ...... LB ...... 1 400,000 0 Celestite ...... SDT ...... 1 12,794 1 6,000 Chromite, Chemical ...... SDT ...... 1 100,000 1 100,000 Chromite, Refractory ...... SDT ...... 1 100,000 1 100,000 Chromium, Ferro ...... ST ...... 150,000 110,000 110,000 Chromium, Metal ...... ST ...... 500 500 Cobalt ...... LB Co ...... 6,000,000 6,000,000 Columbium Concentrates (Minerals) ...... LB Cb ...... 560,000 560,000 Columbium Metal Ingots ...... LB Cb ...... 20,000 20,000 Diamond Stone ...... ct ...... 1 600,000 1 400,000 Fluorspar, Acid Grade ...... SDT ...... 1 12,000 1 12,000 Fluorspar, Metallurgical Grade ...... SDT ...... 1 60,000 1 60,000 Germanium ...... KG ...... 8,000 8,000 Graphite ...... ST ...... 1 2,000 0 Iodine ...... LB ...... 1,000,000 1,000,000 Jewel Bearings ...... PC ...... 1 82,051,558 1 82,051,558 Kyanite ...... SDT ...... 0 50 0 Lead ...... ST ...... 60,000 1 60,000 Manganese, Battery Grade Natural ...... SDT ...... 30,000 30,000 Manganese, Battery Grade Synthetic ...... SDT 1 3,011 ...... 1 3,011 Manganese, Chemical Grade ...... SDT ...... 40,000 1 40,000 Manganese, Ferro ...... ST ...... 50,000 50,000 Manganese, Metal Electrolytic ...... ST ...... 2,000 1 2,000 Manganese, Metallurgical Grade ...... SDT ...... 1 250,000 1 250,000 Mica (All Types) ...... LB ...... 1 5,000,000 1 1,000,000 Palladium ...... Tr Oz ...... 13200,000 13100,000 Platinum ...... Tr Oz ...... 1 25,000 1 25,000 Platinum—Iridium ...... Tr Oz ...... 6,000 6,000 Quartz Crystals ...... LB ...... 1 150,000 1 25,000 Quinidine ...... Oz ...... 1 2,211,122 0 Sebacic Acid ...... LB ...... 600,000 1 600,000 Talc ...... ST ...... 1 1,000 1 1,000 Tantalum Carbide Powder ...... LB Ta ...... 1 4,000 1 4,000 Tantalum Metal Ingots ...... LB Ta ...... 1 40,000 1 40,000 Tantalum Metal Powder ...... LB Ta ...... 1 40,000 1 40,000 Tantalum Minerals ...... LB Ta ...... 500,000 1 500,000 Tantalum Oxide ...... LB Ta ...... 20,000 20,0001 Thorium Nitrate ...... LB ...... 127,100,000 ...... 127,100,000 Tin ...... MT ...... 12,000 12,000 Titanium Sponge ...... ST ...... 7,000 1 7,000 Tungsten, Ferro ...... LB W ...... 300,000 300,000

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ATTACHMENT 1—PROPOSED REVISION TO FY 2004 ANNUAL MATERIAL PLAN (AMP) AND PROPOSED FY 2005 AMP— Continued

Current FY Revised FY Proposed FY Material Units 2004 quantity 2004 quantity 2005 quantity

Tungsten, Metal Powder ...... LB W ...... 300,000 300,000 Tungsten Ores & Concentrates ...... LB W ...... 4,000,000 4,000,000 Vegetable Tannin Extract, Chestnut ...... LT ...... 0 250 1 250 Vegetable Tannin Extract, Quebracho ...... LT ...... 50,000 1 50,000 Vegetable Tannin Extract, Wattle ...... LT ...... 0 6,500 1 6,500 Zinc ...... ST ...... 50,000 50,000 Notes: 1 Actual quantity will be limited to remaining sales authority or inventory. 2 The radioactive nature of this material may restrict sales or disposal options. Efforts are underway to determine the environmentally and economically feasible disposition of the material. 3 Pending legislative authority.

[FR Doc. 03–26106 Filed 10–15–03; 8:45 am] complete the review within the the preliminary results in the new BILLING CODE 3510–DR–P foregoing time period. shipper review under the current Pursuant to 751(a)(2)(B)(iv) of the Act, schedule as we need additional time to the Department shall make a conduct verifications and to analyze DEPARTMENT OF COMMERCE preliminary determination in a new issues raised in that review. shipper review within 180 days after the Therefore, in accordance with International trade Adminstration date on which the review is initiated. sections 751(a)(3)(A) and However, if the case is extraordinarily 751(a)(2)(B)(iv) of the Act, the [A-570–846] complicated, it may extend the 180 day Department is extending the time for period for the preliminary results to 300 Brake Rotors from The People’s completion of the preliminary results of days. these reviews until February 2, 2004. Republic of China: Notice of Extension The Department initiated the sixth of Time Limit for Preliminary Results in administrative review1 of the Dated: October 8, 2003. Antidumping Duty Administrative and antidumping duty order on brake rotors Jeffrey May, New Shipper Reviews from the PRC (68 FR 27781) on May 21, Deputy Assistant Secretary for Import 2 Administration. AGENCY: Import Administration, 2003 and the ninth new shipper review [FR Doc. 03–26210 Filed 10–15–03; 8:45 am] International Trade Administration, of the antidumping duty order on brake Department of Commerce. rotors from the PRC (68 FR 33675) on BILLING CODE 3510–DS–S June 5, 2003. Pursuant to section EFFECTIVE DATE: October 16, 2003. 351.214(j)(3) of its regulations, and with FOR FURTHER INFORMATION CONTACT: the agreement of Laizhou City Luqi DEPARTMENT OF COMMERCE Brian Smith at (202) 482–1766, Sophie Machinery Co., Ltd. (Luqi) and Qingdao International Trade Adminstration Castro at (202) 482–0588, or Margarita Rotec Autoparts Co., Ltd (Rotec), the Panayi at (202) 482–0049, Office 2, AD/ Department is conducting these reviews [A-570–803] CVD Enforcement Group I, Import concurrently. The current deadline for Administration, International Trade the preliminary results in these reviews Heavy Forged Hand Tools, Finished or Administration, U.S. Department of is December 31, 2003. Unfinished, With or Without Handles, Commerce, 14th Street and Constitution The Department finds that it is not From the People’s Republic of China: Avenue NW., Washington, DC 20230. practicable to complete the preliminary Extension of Time Limit for Preliminary SUMMARY: The Department of Commerce results in the administrative review Results of Antidumping Duty (the Department) is extending the time within the above specified time limit Administrative Review limit for the preliminary results of the because we must request additional sixth administrative and ninth new information and clarifications of AGENCY: Import Administration, shipper reviews of the antidumping submitted data from multiple International Trade Administration, duty order on brake rotors from the respondents as well as conduct Department of Commerce. People’s Republic of China (PRC), verifications prior to issuing our ACTION: Notice of Extension of Time which cover the period April 1, 2002, preliminary results. In addition, we Limits for Preliminary Results of through March 31, 2003. determine that it would be Antidumping Duty Administrative SUPPLEMENTARY INFORMATION: In extraordinarily complicated to complete Review. accordance with section 751(a)(3)(A) of the Tariff Act of 1930 (the Act), as 1 The administrative review respondents are EFFECTIVE DATE: October 16, 2003. China National Machinery Import & Export FOR FURTHER INFORMATION CONTACT: amended, the Department shall make a Company; Laizhou Hongda Auto Replacement preliminary determination in an Parts, Co. Ltd.; Qingdao Gren Co.; Yantai Winhere Mark Manning or Jeff Pedersen, AD/ administrative review of an Auto Part Manufacturing Co., Ltd.; Longkou CVD Enforcement, Office 4, Group II, Haimeng Machinery Co., Ltd.; Zibo Luzhou Import Administration, International antidumping duty order within 245 Automobile Parts Co., Ltd.; Hongfa Machinery days after the last day of the anniversary (Dalian) Co., Ltd.; Qingdao Meita Automotive Trade Administration, U.S. Department month of the date of publication of the Industry Co., Ltd.; Shandong Laizhou Huanri Group of Commerce, 14th Street and order. The Act further provides, General; Laizhou Auto Brake Equipment Company, Constitution Avenue, NW, Washington, however, that the Department may Ltd.; and Longkou TLC Machinery Co., Ltd. DC 20230; telephone (202) 482–5253 or 2 The new shipper respondents are Qingdao Rotec extend that 245-day period to 365 days Autoparts Co., Ltd. and Laizhou City Luqi (202) 482–2769, respectively. if it determines it is not practicable to Machinery Co., Ltd. SUPPLEMENTARY INFORMATION:

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Statutory Time Limits Dated: October 9, 2003. circumstances review of the Holly A. Kuga, antidumping duty order on INC from Section 751(a)(3)(A) of the Tariff Act Acting Deputy Assistant Secretary for Import the United Kingdom claiming that it is of 1930, as amended (the Act), requires Administration, Group II. the successor-in-interest to ICI, and, as the Department of Commerce (the [FR Doc. 03–26212 Filed 10–15–03; 8:45 am] such, it is entitled to receive the same Department) to make a preliminary BILLING CODE 3510–DS–S antidumping treatment accorded to ICI. determination within 245 days after the On April 11, 2003, Green Tree Chemical last day of the anniversary month of an Technologies, Inc., the sole U.S. order or finding for which a review is DEPARTMENT OF COMMERCE producer of INC and the petitioner in requested and a final determination this proceeding, notified the Department within 120 days after the date on which International Trade Administration that it opposes TIL’s request to be the preliminary determination is considered the successor-in-interest to [A-412–803] published. However, if it is not ICI. On July 18, 2003, and August 14, practicable to complete the review Notice of Preliminary Results of 2003, at the request of the Department, within these time periods, section Antidumping Duty Changed TIL submitted additional information 751(a)(3)(A) of the Act allows the Circumstances Review: Industrial and documentation pertaining to its Department to extend the 245-day time Nitrocellulose from the United changed circumstances request. limit for the preliminary determination Kingdom Scope of Review to a maximum of 365 days and the time limit for the final determination to 180 AGENCY: Import Administration, Imports covered by this review are days (or 300 days if the Department International Trade Administration, shipments of INC from the United does not extend the time limit for the Department of Commerce. Kingdom. INC is a dry, white preliminary determination) from the ACTION: Notice of Preliminary Results of amorphous synthetic chemical with a date of publication of the preliminary Antidumping Duty Changed nitrogen content between 10.8 and 12.2 determination. Circumstances Review. percent, and is produced from the reaction of cellulose with nitric acid. Background SUMMARY: On May 8, 2003, the INC is used as a film-former in coatings, Department of Commerce (the lacquers, furniture finishes, and printing On March 25, 2003, the Department Department) initiated a changed inks. The scope of this order does not published a notice of initiation of circumstances review of the include explosive grade nitrocellulose, administrative review of the antidumping duty order on industrial which has a nitrogen content of greater antidumping duty order on heavy forged nitrocellulose (INC) from the United than 12.2 percent. hand tools, finished or unfinished, with Kingdom in order to determine whether INC is currently classified under or without handles from the People’s Troon Investments Limited (TIL) is the Harmonized Tariff Schedule of the Republic of China, covering the period successor-in-interest to Imperial United States (HTSUS) item number February 1, 2002 through January 31, Chemical Industries, PLC (ICI). See 3912.20.0000. While the HTSUS 2003. See Initiation of Antidumping and Notice of Initiation of Antidumping classification is provided for Countervailing Duty Administrative Duty Changed Circumstances Review: convenience and customs purposes, the Reviews and Requests for Revocation in Industrial Nitrocellulose from the written description remains dispositive Part, 68 FR 14394. The preliminary United Kingdom, 68 FR 27015 (May 19, as to the scope of the product coverage. results are currently due no later than 2003). TIL purchased Nobel’s Preliminary Results of Changed October 31, 2003. Explosives Company, Ltd.’s (NEC) INC Circumstances Review business. NEC is a wholly-owned Extension of Time Limit for Preliminary In making a successor-in-interest subsidiary of ICI. We preliminarily Results of Review determination, the Department determine that TIL is the successor-in- examines several factors including, but We determine that it is not practicable interest to ICI for purposes of not limited to, changes in: (1) to complete the preliminary results of determining antidumping duty liability. management; (2) production facilities; this review within the original time Interested parties are invited to (3) supplier relationships; and (4) limit because of the time needed to comment on these preliminary results. customer base. See Brass Sheet and consider certain factual issues in the EFFECTIVE DATE: October 16, 2003. Strip from Canada: Final Results of case. This extension results in the due FOR FURTHER INFORMATION CONTACT: Antidumping Duty Administrative date for the preliminary results falling Michele Mire or Howard Smith, AD/ Review, 57 FR 20460, 20462 (May 13, on February 28, 2004, which is a CVD Enforcement, Office 4, Group II, 1992) (Canadian Brass). While no one Saturday. Therefore, the preliminary Import Administration, International single factor, or combination of factors, results will be due on the next business Trade Administration, U.S. Department will necessarily prove to be dispositive, day, which is March 1, 2004. See of Commerce, 14th Street and the Department will generally consider Decision Memorandum from Thomas F. Constitution Avenue, NW, Washington, a new company to be the successor-in- Futtner, Acting Office Director, to Holly DC 20230; telephone (202) 482–4711 interest to its predecessor company if its A. Kuga, Acting Deputy Assistant and (202) 482–5193, respectively. resulting operations are essentially the Secretary, dated concurrently with this SUPPLEMENTARY INFORMATION: same as those of its predecessor. See, notice, which is on file in the Central e.g., Canadian Brass at 20460, and Final Records Unit, Room B-099 of the Background Results of Changed Circumstances Department’s main building. We intend On July 10, 1990, the Department Antidumping Duty Administrative to issue the final results no later than published in the Federal Register (55 Review: Industrial Nitrocellulose From 120 days after the publication of the FR 28270) the antidumping duty order Korea, 65 FR 2115, 2116 (January 13, preliminary results notice. on INC from the United Kingdom. On 2000). Therefore, if there is evidence This extension is in accordance with March 28, 2003, TIL requested that the demonstrating that, with respect to the section 751(a)(3)(A) of the Act. Department conduct a changed production and sale of subject

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merchandise, a new company Department found that NEC’s parent, ICI Americas Inc. has ceased performing essentially operates as the same ICI, ‘‘determined the capital structure of selling functions), with respect to U.S. business entity as the former company, its group companies involved in the sales of INC, the record indicates that the Department will assign the new production of the subject merchandise.’’ there have been no significant changes company the cash deposit rate of its See Industrial Nitrocellulose From the in the order process, movement of INC predecessor. United Kingdom; Final Results of from the United Kingdom, customer In its March 28, 2003, request for a Antidumping Duty Administrative base, or sales terms, and no systematic changed circumstances review, TIL Review, 67 FR 77747 (December 19, price changes. See TIL’s July 18, 2003 advised the Department that, on 2002) and accompanying Issues and submission at 6. Thus, the record shows December 31, 2002, it purchased NEC’s Decision Memorandum. Thus, the that TIL’s operations are essentially the (a wholly owned subsidiary of ICI) INC petitioner concludes that the cost of same as those of its predecessor. and energetic technologies businesses. capital for the new entity will differ Therefore, we preliminarily determine TIL notes that the energetic technologies from that of its predecessor. In addition that TIL is the successor-in-interest to business is unrelated to INC. NEC was to different capital costs, the petitioner the sole producer of INC in the United ICI and should receive the same points out that, under TIL, the managing antidumping duty cash deposit rate as Kingdom, and therefore, the only director of the INC business is not the ICI, i.e., 3.06 percent. As a result, if respondent in prior administrative managing director formerly employed these preliminary results are adopted in reviews. TIL was formed to acquire by NEC. The petitioner finds this our final results of this changed NEC’s INC and energetic technologies significant because it is the managing circumstances review, we will instruct businesses. director who has decision-making According to TIL, the transfer of authority. Further, the petitioner states the U.S. Bureau of Customs and Border ownership of the INC business resulted that with new ownership and senior Protection to suspend shipments of in no material changes in the management, there can be no assurance subject merchandise made by TIL at management, production facilities, that pricing will have the same ICI’s cash deposit rate (i.e., 3.06 suppliers of raw materials, or customers objectives or follow the same pattern as percent). Until that time, the cash of NEC’s former INC business. While the when NEC was owned by ICI. Finally, deposit rate assigned to TIL’s entries is managing director of NEC’s INC the petitioner claims that the sales the rate in effect at the time of entry (i.e., business has been replaced, TIL states structure changed after TIL acquired the the ‘‘all others’’ rate). that all of the other management INC business. Specifically, the Public Comment personnel of the former entity are now petitioner notes that NEC’s U.S. affiliate, employed by TIL. See TIL’s March 28, ICI Americas, Inc., carried out many Any interested party may request a 2003 submission to the Department at 5. sales functions for NEC. Based on the Also, TIL notes that it operates the hearing within 30 days of publication of foregoing, the petitioner contends that factory formerly operated by NEC using this notice. See 19 CFR 351.310(c). Any TIL should not be allowed to take the same equipment and production hearing, if requested, will be held 44 advantage of ICI’s current cash deposit process used by NEC. Furthermore, TIL days after the date of publication of this rate. reports that it uses the suppliers of raw notice, or the first working day materials used by NEC (and currently As noted above, in determining thereafter. Interested parties may submit plans no changes to those suppliers) and whether a new company’s operations case briefs and/or written comments no sells to the former customers of NEC, in are essentially the same as those of its later than 30 days after the date of the United States and the United predecessor, the Department examines publication of this notice. See 19 CFR Kingdom, on the same basis as NEC sold whether there have been changes in 351.309(c)(ii). Rebuttal briefs and to these customers. See TIL’s July 18, management, production facilities, rebuttals to written comments, which 2003 questionnaire response at 4–5. TIL supplier relationships, or the customer must be limited to issues raised in such notes that there have been no changes base. Our review of the record indicates briefs or comments, may be filed no in the customer base since the that the change in ownership of the INC later than 37 days after the date of acquisition and none are currently business has not resulted in changes to publication of this notice. See 19 CFR anticipated. See TIL’s March 28, 2003 the production facilities or production 351.309(d). Parties who submit submission to the Department at 7. processes used to manufacture INC, nor arguments are requested to submit with Moreover, TIL points out that since the has it resulted in material changes in the argument (1) a statement of the supplier relationships or customer base. acquisition, there have been no changes issue, (2) a brief summary of the Although TIL replaced the managing in INC sales personnel, no material argument, and (3) a table of authorities. changes in the marketing of INC in the director of the INC business, there is no United States and the United Kingdom, indication that this action resulted in Consistent with 19 CFR 351.216(e), and no systemic modifications in INC significant changes to the INC we will issue the final results of this selling prices in either the U.S. or U.K. operations. Furthermore, while the changed circumstances review no later market. See id. petitioner expressed concern over a than 270 days after the date on which In its April 11, 2003, submission, the possible difference between the cost of this review was initiated. We are issuing petitioner contends that the change in capital for the new entity and its and publishing this determination and ownership of the INC business has predecessor, the record indicates that notice in accordance with sections resulted in a change in the business’ many of the significant factors that 751(b)(1) and 777(i)(1) of the Act and 19 cost of capital (which affects the affect costs, with the possible exception CFR 351.216. Department’s interest expense of those that affect capital costs, have Dated: October 9, 2003. calculation), management, and sales not changed (e.g., no changes in distribution channels. Specifically, the production process, suppliers of raw Jeffrey May, petitioner points out that, recently, in materials, and management and sales Acting Assistant Secretary for Import addressing whether NEC’s cost of personnel). Finally, even though there Administration. production should include its interest has been a change in the legal entity [FR Doc. 03–26209 Filed 10–15–03; 8:45 am] expenses or those of its parent, the performing U.S. selling functions (i.e., BILLING CODE 3510–DS–S

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DEPARTMENT OF COMMERCE Scope of the Order that produced or supplied the subject The products covered by this order merchandise to the person requesting International Trade Adminstration are certain preserved mushrooms the review that that producer or whether imported whole, sliced, diced, supplier did not export the subject [A-570–851] or as stems and pieces. The preserved merchandise to the United States during mushrooms covered under this order are the period of investigation. Due to Certain Preserved Mushrooms from the species Agaricus bisporus and XITIC’s failure to provide the necessary the People’s Republic of China: Notice Agaricus bitorquis. ‘‘Preserved certification from the producer or of Partial Rescission of Sixth New mushrooms’’ refer to mushrooms that supplier of the subject merchandise and Shipper Review have been prepared or preserved by its misleading statements in the AGENCY: Import Administration, cleaning, blanching, and sometimes submitted certification that suggested International Trade Administration, slicing or cutting. These mushrooms are that it was both the exporter and Department of Commerce. then packed and heated in containers producer of subject merchandise, we are including, but not limited to, cans or rescinding, in part, this new shipper ACTION: Notice of Partial Rescission of glass jars in a suitable liquid medium, review on certain preserved mushrooms Sixth New Shipper Review. including, but not limited to, water, from the People’s Republic of China as brine, butter or butter sauce. Preserved to XITIC. This review will continue EFFECTIVE DATE: October 16, 2003. mushrooms may be imported whole, with respect to Primera Harvest. FOR FURTHER INFORMATION CONTACT: sliced, diced, or as stems and pieces. Brian Smith or Jim Mathews, Import Included within the scope of this order Notification Administration, International Trade are ‘‘brined’’ mushrooms, which are Administration, U.S. Department of Bonding will no longer be permitted presalted and packed in a heavy salt to fulfill security requirements for Commerce, 14th Street and Constitution solution to provisionally preserve them Avenue, N.W., Washington, D.C. 20230; shipments from XITIC of certain for further processing. preserved mushrooms from the PRC telephone: (202) 482–1766 or (202) 482– Excluded from the scope of this order entered, or withdrawn from warehouse, 2778, respectively. are the following: (1) all other species of for consumption on or after the SUPPLEMENTARY INFORMATION: mushroom, including straw mushrooms; publication date of these final results. (2) all fresh and chilled mushrooms, Background including ‘‘refrigerated’’ or ‘‘quick This notice also serves as a final On February 28, 2003, Primera blanched mushrooms’’; (3) dried reminder to importers of their Harvest (Xiangfan) Co., Ltd. (Primera mushrooms; (4) frozen mushrooms; and responsibility under 19 CFR Harvest) and Xiamen International (5) ‘‘marinated,’’ ‘‘acidified’’ or 351.402(f)(2) to file a certificate Trade & Industrial Co., Ltd. (XITIC) ‘‘pickled’’ mushrooms, which are regarding the reimbursement of requested a new shipper review of their prepared or preserved by means of antidumping duties prior to liquidation sales. On March 28, 2003, the vinegar or acetic acid, but may contain of the relevant entries during this Department published a notice of oil or other additives.1 review period. Failure to comply with initiation of an antidumping duty new The merchandise subject to this order this requirement could result in the shipper review on certain preserved is classifiable under subheadings: Secretary’s presumption that mushrooms from the People’s Republic 2003.10.0127, 2003.10.0131, reimbursement of antidumping duties of China with respect to these 2003.10.0137, 2003.10.0143, occurred and the subsequent assessment companies. See Certain Preserved 2003.10.0147, 2003.10.0153 and of doubled antidumping duties. Mushrooms from the People’s Republic 0711.51.0000 of the Harmonized Tariff This notice also serves as the only of China: Initiation of Antidumping Schedule of the United States2 (‘‘HTS’’). reminder to parties subject to Duty New Shipper Review, 68 FR 15152. Although the HTSUS subheadings are administrative protective orders (APO) After analyzing XITIC’s May 23, 2003, provided for convenience and customs of their responsibility concerning the questionnaire responses, the purposes, the written description of the return or destruction of proprietary Department determined that XITIC did scope of this order is dispositive. information disclosed under APO in not produce the subject merchandise Period of Review that it exported. Rather, XITIC exported accordance with 19 CFR 351.305(a). subject merchandise that was produced The period of review is February 1, Timely written notification of the by Inter-Foods D.S. Co., Ltd. Therefore, 2002, through January 31, 2003. return/destruction of APO materials or conversion to judicial protective order is pursuant to CFR 351.214(b)(ii)(B), XITIC Partial Recission of Review failed to provide the proper new shipper hereby requested. Failure to comply certification. (See Memorandum to the Section 351.214(b)(ii)(B) states that a with the regulations and terms of an File from Brian Smith and Jim Mathews, request for a new shipper review must APO is a violation which is subject to International Trade Compliance contain a certification from the person sanction. Analysts, dated August 7, 2003). On We are issuing and publishing these 1 On June 19, 2000, the Department affirmed that August 7, 2003, the Department sent ‘‘marinated,’’ ‘‘acidified,’’ or ‘‘pickled’’ mushrooms determinations and notice in copies of this memorandum to the containing less than 0.5 percent acetic acid are accordance with sections interested parties. The memorandum within the scope of the antidumping duty order. 751(a)(2)(B)(iv) and 777(i) of the Act, as stated that the parties had two weeks See ‘‘Recommendation Memorandum-Final Ruling amended, and 19 CFR 351.214(f)(3). of Request by Tak Fat, et al. for Exclusion of Certain from the date of receipt to comment on Marinated, Acidified Mushrooms from the Scope of Dated: October 9, 2003. the Department’s decision to rescind the Antidumping Duty Order on Certain Preserved this new shipper review. No party filed Mushrooms from the People’s Republic of China,’’ Jeffrey May, comments during the period stipulated dated June 19, 2000. Acting Assistant Secretary for Import 2 Prior to January 1, 2002, the HTS subheadings Administration. the memorandum. Accordingly, we are were as follows: 2003.10.0027, 2003.10.0031, rescinding the new shipper review with 2003.10.0037, 2003.10.0043, 2003.10.0047, [FR Doc. 03–26211 Filed 10–15–03; 8:45 am] respect to XITIC. 2003.10.0053, and 0711.90.4000. BILLING CODE 3510–DS–S

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DEPARTMENT OF COMMERCE Natural Resource Trustees without the DEPARTMENT OF COMMERCE form. The NRDA Restoration Project National Oceanic and Atmospheric Information Sheet will be made National Oceanic and Atmospheric Administration available to the general public on the Administration [I.D. 101003D] Internet or by requesting a hard copy or [I.D. 101003E] digital copy from the Natural Resource Proposed Information Collection; Trustees. All project information Proposed Information Collection; Comment Request; Natural Resource submitted to the Natural Resource Comment Request; NOAA’s Teacher- Damage Assessment Restoration Trustees with or without the NRDA At-Sea Program Project Information Sheet Restoration Project Information Sheet AGENCY: National Oceanic and AGENCY: National Oceanic and will be compiled and considered for Atmospheric Administration (NOAA). Atmospheric Administration (NOAA). potential implementation. ACTION: Notice. ACTION: Notice. III. Data SUMMARY: The Department of SUMMARY: The Department of OMB Number: None. Commerce, as part of its continuing Commerce, as part of its continuing effort to reduce paperwork and effort to reduce paperwork and Form Number: None. respondent burden, invites the general respondent burden, invites the general Type of Review: Regular submission. public and other Federal agencies to public and other Federal agencies to Affected Public: Individuals or take this opportunity to comment on take this opportunity to comment on households; businesses or other for- proposed and/or continuing information proposed and/or continuing information profit organizations; not-for-profit collections, as required by the collections, as required by the institutions; farms; Federal government; Paperwork Reduction Act of 1995, Paperwork Reduction Act of 1995, and State, Local, or Tribal government. Public Law 104–13 (44 U.S.C. Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). 3506(c)(2)(A)). Estimated Number of Respondents: 165. DATES: Written comments must be DATES: Written comments must be submitted on or before December 15, submitted on or before December 15, Estimated Time Per Response: 20 2003. 2003. minutes. ADDRESSES: Direct all written comments ADDRESSES: Direct all written comments Estimated Total Annual Burden to Diana Hynek, Departmental to Diana Hynek, Departmental Hours: 55. Paperwork Clearance Officer, Paperwork Clearance Officer, Estimated Total Annual Cost to Department of Commerce, Room 6625, Department of Commerce, Room 6625, Public: $65. 14th and Constitution Avenue, NW, 14th and Constitution Avenue, NW, Washington, DC 20230 (or via the Washington, DC 20230 (or via the IV. Request for Comments Internet at [email protected]). Internet at [email protected]). Comments are invited on: (a) whether FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: the proposed collection of information Requests for additional information or Requests for additional information or is necessary for the proper performance copies of the information collection copies of the information collection of the functions of the agency, including instrument and instructions should be instrument and instructions should be directed to Jennifer Hammond at 1315 whether the information shall have directed to John Rapp, National Oceanic East West Highway, Rm 12746, Silver practical utility; (b) the accuracy of the and Atmospheric Administration, P.O. Spring, MD 20910; at 301–713–3418, agency’s estimate of the burden Box 25092, Baton Rouge, LA 70894– ext. 138; or at 5092 (or via the Internet at (including hours and cost) of the [email protected]. [email protected]). proposed collection of information; (c) ways to enhance the quality, utility, and SUPPLEMENTARY INFORMATION: SUPPLEMENTARY INFORMATION: clarity of the information to be I. Abstract I. Abstract collected; and (d) ways to minimize the The Teacher-At-Sea Program provides The Natural Resource Damage burden of the collection of information educators with the opportunity to Assessment (NRDA) Restoration Project on respondents, including through the participate in research projects aboard Information Sheet is designed to use of automated collection techniques NOAA vessels and other vessels that facilitate the collection of information or other forms of information conduct NOAA Research. The on existing, planned, or proposed technology. respondents are educators who provide restoration projects. This information Comments submitted in response to information about themselves and their will be used by the Natural Resource this notice will be summarized and/or teaching situation. They also submit a Trustees to develop potential restoration included in the request for OMB follow-up report with ideas for alternatives for natural resource injuries approval of this information collection; classroom applications. and service losses requiring restoration they also will become a matter of public Recommendations are also required. during the restoration planning phase of record. the Natural Resource Damage II. Method of Collection Assessment (NRDA) process. Dated: October 8, 2003. Application forms must be submitted. Gwellnar Banks, On-line forms can be filled-in, printed, II. Method of Collection Management Analyst, Office of the Chief and mailed. Persons with full Adobe Project information can be submitted Information Officer. Acrobat software can save the on-line to the Natural Resource Trustees by [FR Doc. 03–26203 Filed 10–15–03; 8:45 am] form and submit it electronically. either completing the NRDA Restoration Project Information Sheet or submitting BILLING CODE 3510–22–S III. Data project information directly to the OMB Number: 0648–0283.

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Form Number: None. ACTION: Notice of conditional approval 16787), respectively. No public Type of Review: Regular submission. of Coastal Nonpoint Programs and comments were received on the Affected Public: Individuals or availability of Final Findings programs. households. Documents and Records of Decision for In accordance with the National Estimated Number of Respondents: Minnesota and Texas. Environmental Policy Act (NEPA), 375. NOAA has also prepared a Record of Estimated Time Per Response: 45 SUMMARY: Notice is hereby given of the Decision on each program. The Record minutes to read an complete conditional approval of the Coastal of Decision: (1) States what the decision application; 15 minutes to complete a Nonpoint Pollution Control Programs was; (2) identifies all alternatives Health Services Questionnaire; 15 (coastal nonpoint programs) and of the considered, specifying the alternative minutes to deliver and discuss availability of the Final Findings considered to be environmentally recommendation forms to persons who Documents and Records of Decision for preferable; and (3) states whether all will fill them out; 15 minutes to Minnesota and Texas. Section 6217 of practicable means to avoid or minimize complete a recommendation form; and 2 the Coastal Zone Act Reauthorization environmental harm from the hours for a follow-up report. Amendments (CZARA) requires States alternative selected have been adopted. Estimated Total Annual Burden and Territories with coastal zone In March 1996, NOAA published a Hours: 309. management programs that have programmatic environmental impact Estimated Total Annual Cost to received approval under section 306 of Public: $536. statement (PEIS) that assessed the the Coastal Zone Management Act to environmental impacts associated with IV. Request for Comments develop and implement coastal the approval of State and Territory nonpoint programs. coastal nonpoint programs. The PEIS Comments are invited on: (a) whether NOAA and EPA have approved, with forms the basis for the environmental the proposed collection of information conditions, the coastal nonpoint assessments NOAA has prepared for is necessary for the proper performance programs submitted by Minnesota and each State and Territorial coastal of the functions of the agency, including Texas. In order to receive final approval nonpoint program submitted to NOAA whether the information shall have of their programs, Minnesota and Texas and EPA for approval. In the PEIS, practical utility; (b) the accuracy of the will need to meet the conditions within NOAA determined that the approval agency’s estimate of the burden the associated timeframes as indicated and conditional approval of coastal (including hours and cost) of the in the Final Findings Documents. proposed collection of information; (c) nonpoint programs will not result in DATES: The conditional approval of the ways to enhance the quality, utility, and any significant adverse environmental coastal nonpoint pollution control clarity of the information to be impacts and that these actions will have collected; and (d) ways to minimize the programs for Minnesota and Texas is an overall beneficial effect on the burden of the collection of information effective upon the date of publication of environment. Because the PEIS served on respondents, including through the this Notice in the Federal Register. only as a ‘‘framework for decision’’ on use of automated collection techniques ADDRESSES: Copies of the Final Findings individual State and Territorial coastal or other forms of information Documents are available on the NOAA nonpoint programs, and no actual technology. Web site at http:// decision was made following its Comments submitted in response to www.ocrm.nos.noaa.gov/czm. Copies of publication, NOAA has prepared a this notice will be summarized and/or the Final Findings and Records of NEPA Record of Decision on each included in the request for OMB Decision also may be obtained upon individual State and Territorial program approval of this information collection; request from: Helen Farr, Coastal submitted for review. they also will become a matter of public Programs Division (N/ORM3), Office of Ocean and Coastal Resource (Federal Domestic Assistance Catalog 11.419 record. Coastal Zone Management Program Management, NOS, NOAA, 1305 East- Dated: October 8, 2003. Administration). West Highway, Silver Spring, Maryland Gwellnar Banks, Dated: October 9, 2003. 20910, phone (301) 713–3155, x150, e- Management Analyst, Office of the Chief mail [email protected]. Alan Neuschatz, Information Officer. Associate Assistant Administrator, FOR FURTHER INFORMATION CONTACT: [FR Doc. 03–26204 Filed 10–15–03; 8:45 am] Management and Budget Office, National Helen Farr, NOAA, (301) 713–3155, BILLING CODE 3510–12–S Ocean Service, National Oceanic and x150; or Don Waye, EPA (202) 566– Atmospheric Administration. 1170. G. Tracy Mehan, III, DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: NOAA Assistant Administrator, Office of Water, and EPA have prepared a Findings Environmental Protection Agency. National Oceanic and Atmospheric Document for each coastal nonpoint [FR Doc. 03–26087 Filed 10–15–03; 8:45 am] Administration program submitted for approval. The BILLING CODE 3510–08–M Findings Documents were prepared by ENVIRONMENTAL PROTECTION NOAA and EPA to provide the rationale AGENCY for the agencies’ decision to approve DEPARTMENT OF COMMERCE each State and Territory coastal Minnesota and Texas Coastal Nonpoint nonpoint program. Proposed Findings National Oceanic and Atmospheric Pollution Control Programs: documents, Environmental Administration Conditional Approvals, Final Findings Assessments, and Findings of No Documents and Records of Decision Significant Impact prepared for the [I.D. 100903D] AGENCY: National Oceanic and coastal nonpoint programs submitted by New England Fishery Management Atmospheric Administration (NOAA), Minnesota and Texas were made Council; Public Meetings U.S. Department of Commerce, and the available for public comment in the U.S. Environmental Protection Agency Federal Register on March 17, 2003 (68 AGENCY: National Marine Fisheries (EPA). FR 12675) and April 7, 2003 (68 FR Service (NMFS), National Oceanic and

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Atmospheric Administration (NOAA), DEPARTMENT OF COMMERCE auxiliary aids should be directed to Paul Commerce. J. Howard (see ADDRESSES) at least 5 National Oceanic and Atmospheric days prior to the meeting dates. ACTION: Notice of a public meeting. Administration Dated: October 9, 2003. SUMMARY: The New England Fishery [I.D. 100903E] Richard W. Surdi, Management Council (Council) is Acting Director, Office of Sustainable New England Fishery Management Fisheries, National Marine Fisheries Service. scheduling a public meeting of its Council; Public Meetings Research Steering Committee in October [FR Doc. 03–26199 Filed 10–15–03; 8:45 am] 2003. Recommendations from the AGENCY: National Marine Fisheries BILLING CODE 3510–22–S committee will be brought to the full Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Council for formal consideration and DEPARTMENT OF COMMERCE action, if appropriate. Commerce ACTION: Notice of public meeting. National Oceanic and Atmospheric DATES: The meeting will held on Administration Thursday, October 30, 2003 at 9:30 a.m. SUMMARY: The New England Fishery Management Council (Council) is [I.D. 100903C] ADDRESSES: The meeting will be held at scheduling a public meeting of its Social the Peabody Marriott Hotel, 8A Sciences Advisory Committee in Pacific Fishery Management Council; Centennial Drive, Peabody, MA 01960; November, 2003 to consider actions Public Meeting telephone: (978) 977–6478. affecting New England fisheries in the AGENCY: National Marine Fisheries Council address: New England exclusive economic zone (EEZ). Service (NMFS), National Oceanic and Fishery Management Council, 50 Water Recommendations from this group will Atmospheric Administration (NOAA), Street, Newburyport, MA 01950. be brought to the full Council for formal Commerce. consideration and action, if appropriate. FOR FURTHER INFORMATION CONTACT: Paul ACTION: Notice of public meetings. J. Howard, Executive Director, New DATES: The meeting will be held on Monday, November 3, 2003 at 10 a.m. SUMMARY: The Pacific Fishery England Fishery Management Council; Management Council (Council) and its ADDRESSES: The meeting will be held at telephone: (978) 465–0492. advisory bodies will hold public the Holiday Inn, One Newbury Street, meetings. SUPPLEMENTARY INFORMATION: The Peabody, MA 01960; telephone: (978) agenda will include an update on 535–4600. DATES: The Council and its advisory projects funded through NOAA Council address: New England bodies will meet November 2–7, 2003. Fisheries Cooperative Research Partners Fishery Management Council, 50 Water The Council meeting will begin on Initiative, further deliberations on a Street, Mill 2, Newburyport, MA 01950. Monday, November 3, at 3:30 p.m., process to incorporate the results of FOR FURTHER INFORMATION CONTACT: Paul reconvening each day through Friday. cooperative research projects into the J. Howard, Executive Director, New All meetings are open to the public, Council management process, and England Fishery Management Council; except a closed session will be held at planning for 2004initiatives. telephone: (978) 465–0492. 3:30 p.m. on Monday, November 3 to address litigation and personnel Although non-emergency issues not SUPPLEMENTARY INFORMATION: The Social matters. The Council will meet as late contained in this agenda may come Science Advisory Committee will as necessary each day to complete its before this Council for discussion, those review timelines for Council actions scheduled business. that extend into 2004 and decide which issues may not be the subject of formal ADDRESSES: The meetings will be held at actions are appropriate for providing the Council action during this meeting. the Hilton San Diego Del Mar, 15575 Council guidance on social and Council action will be restricted to those Jimmy Duranto Blvd., Del Mar, CA economic analysis. The Committee will issues specifically listed in this notice 92014; telephone: (858) 792–5200. and any issues arising after publication also discuss progress on developing a Council address: Pacific Fishery of this notice that require emergency clearinghouse for social and economic Management Council, 7700 NE action under section 305(c) of the data and a workshop to further the Ambassador Place, Suite 200, Portland, Magnuson-Stevens Act, provided the development of social and economic OR 97220. analyses of fishery management action. public has been notified of the Council’s FOR FURTHER INFORMATION CONTACT: Dr. Although non-emergency issues not intent to take final action to address the Donald O. McIsaac, Executive Director; contained in this agenda may come emergency. telephone: (503) 820–2280 or (866) 806– before this group for discussion, those 7204. Special Accommodations issues may not be the subject of formal SUPPLEMENTARY INFORMATION: action during this meeting. Action will The This meeting is physically accessible be restricted to those issues specifically following items are on the Council to people with disabilities. Requests for listed in this notice and any issues agenda, but not necessarily in this order. sign language interpretation or other arising after publication of this notice All items listed are subject to potential Council action. auxiliary aids should be directed to Paul that require emergency action under J. Howard (see ADDRESSES) at least 5 section 305(c) of the Magnuson-Stevens A. Call to Order days prior to the meeting dates. Act, provided the public has been 1. Opening Remarks, Introductions Dated: October 9, 2003. notified of the Council’s intent to take 2. Roll Call final action to address the emergency. Richard W. Surdi, 3. Executive Director’s Report 4. Approve Agenda Acting Director, Office of Sustainable Special Accommodations Fisheries, National Marine Fisheries Service. This meeting is physically accessible B. Marine Protected Areas [FR Doc. 03–26198 Filed 10–15–03; 8:45 am] to people with disabilities. Requests for 1. Jurisdiction and Authority Issues BILLING CODE 3510–22–S sign language interpretation or other for Marine Protected Areas

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2. Update on West Coast Marine 2. Fishery Management Plan (FMP) SCHEDULE OF ANCILLARY Protected Areas Issues Amendment Update: High Seas MEETINGS—Continued Longline Limited Entry and Other Issues C. Habitat Groundfish Management Current Habitat Issues H. Coastal Pelagic Species Management Team ...... 8 a.m. 1. NMFS Report Enforcement Consultants ..... As necessary D. Groundfish Management 2. Pacific Sardine Stock Assessment THURSDAY, November 6, 1. NMFS Report on Groundfish and Harvest Guideline for 2004 2003 ...... Management Council Secretariat ...... 7 a.m. I. Administrative and Other Matters California State Delegation ... 7 a.m. 2. Makah Rockfish Enhancement Oregon State Delegation ...... 7 a.m. Proposal 1. Legislative Matters Washington State Delegation 7 a.m. 3. Feasibility of Using Real-time 2. Fiscal Matters Groundfish Advisory Electronic Logbook Data in Groundfish 3. Appointments to Advisory Bodies, Subpanel ...... 8 a.m. Fishery Management Standing Committees, and Other Groundfish Management 4. Observer Data Flow for Fishery Forums for the 2004–06 Term Team ...... 8 a.m. Years 2004–06 4. Staff Work Load Priorities and Draft Enforcement Consultants ..... As necessary 5. Status of Groundfish Fisheries and March 2004 Council Meeting Agenda FRIDAY, November 7, 2003 Inseason Adjustments Council Secretariat ...... 7 a.m. SCHEDULE OF ANCILLARY California State Delegation ... 7 a.m. 6. Cabezon and Lingcod Stock Oregon State Delegation ...... 7 a.m. Assessments and Lingcod Rebuilding MEETINGS Washington State Delegation 7 a.m. Analysis for 2005–06 Groundfish Advisory SUNDAY, November 2, 2003 7. Update on RecFin Data Subpanel ...... 8 a.m. Scoping Sessions: ...... Improvements Groundfish Management Groundfish Management Team ...... 8 a.m. 8. Preliminary Optimum Yield (OY), Specifications ...... Enforcement Consultants ..... As necessary Acceptable Biological Catch (ABC), for 2005–2006 ...... 1 p.m. Management Measures, and Preseason Groundfish Fishery Manage- Management Schedule (November-June) ment Plan ...... Although non-emergency issues not for 2005–06 Fisheries Amendment 16–3 ...... 3 p.m. contained in this agenda may come 9. Planning of ‘‘Off-year’’ Non- MONDAY, November 3, before this Council for discussion, those regulatory Science Activities (e.g., Stock 2003 ...... issues may not be the subject of formal Assessment Models, B0 and BMSY Council Secretariat ...... 8 a.m. Council action during this meeting. Workshops) Groundfish Advisory Council action will be restricted to those Subpanel ...... 8 a.m. issues specifically listed in this notice 10. Vessel Monitoring System (VMS): Groundfish Management Transiting Requirements for Fixed-Gear and any issues arising after publication Team ...... 8 a.m. of this notice that require emergency Limited Entry Vessels and Expansion of Scientific and ...... the Program Statistical Committee ...... 8 a.m. action under section 305(c) of the 11. Groundfish Bycatch Program Joint Sessions: ...... 8:30–12 p.m. Magnuson-Stevens Fishery Environmental Impact Statement 1. Cabezon and Lingcod Conservation and Management Act, 12. Development of Groundfish Trawl Stock Assessments ...... provided the public has been notified of Individual Quotas (IQ) and Control Date 2. Real-time Electronic Log- the Council’s intent to take final action 13. Final Approval of Exempted book Presentation ...... to address the emergency. Fishing Permits (EFPs) for 2004 3. Makah Rockfish Enhance- ment ...... Special Accommodations 14. Groundfish Fishery Management ProposalHabitat Committee .. 10 a.m. These meetings are physically Plan Amendment 16–3: Rebuilding Legislative Committee ...... 11 a.m. Plans for Bocaccio, Cowcod, and Widow accessible to people with disabilities. Budget Committee ...... 1 p.m. Requests for sign language and Yelloweye Rockfish TUESDAY, November 4, 15. Open Access Limitation 2003 ...... interpretation or other auxiliary aids Discussion and Planning Council Secretariat ...... 7 a.m. should be directed to Ms. Carolyn Porter California State Delegation ... 7 a.m. at (503) 820–2280 or (866) 806–7204 at E. Salmon Management Oregon State Delegation ...... 7 a.m. least 5 days prior to the meeting date. 1. Salmon Fishery Update Washington State Delegation 7 a.m. Dated: October 9, 2003. 2. Inseason Consideration of Groundfish Advisory Subpanel ...... 8 a.m. Richard W. Surdi, Scheduled 2004 Commercial and Groundfish Management Acting Director, Office of Sustainable Recreational Openings South of Cape Team ...... 8 a.m. Fisheries, National Marine Fisheries Service. Falcon Highly Migratory Species Ad- [FR Doc. 03–26197 Filed 10–15–03; 8:45 am] 3. Preseason Planning for 2004 visory Subpanel ...... 8 a.m. BILLING CODE 3510–22–S Management Scientific and Statistical 4. Salmon Methodology Review Committee ...... 8 a.m. Enforcement Consultants ..... Immediately DEPARTMENT OF COMMERCE F. Pacific Halibut Management following 1. Status of 2003 Pacific Halibut Council National Oceanic and Atmospheric Fisheries Session Administration WEDNESDAY, November 5, 2. Proposed Changes to the Catch 2003 ...... [I.D. 100703F] Sharing Plan and Annual Regulations Council Secretariat ...... 7 a.m. G. Highly Migratory Species California State Delegation ... 7 a.m. South Atlantic Fishery Management Management Oregon State Delegation ...... 7 a.m. Council; Public Meeting Washington State Delegation 7 a.m. 1. NMFS Report on Highly Migratory Groundfish Advisory AGENCY: National Marine Fisheries Species Management Subpanel ...... 8 a.m. Service (NMFS), National Oceanic and

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Atmospheric Administration (NOAA), should be directed to the council office 222–226). Authority to take listed Commerce. (see ADDRESSES) by October 30, 2003. species is subject to conditions set forth ACTION: Notice of a public workshop. Dated: October 9, 2003. in the permits. Richard W. Surdi, Species Covered in this Notice SUMMARY: The South Atlantic Fishery Acting Director, Office of Sustainable The following ESA-listed species and Management Council will hold a Fisheries, National Marine Fisheries Service. Deepwater Snapper Grouper Data evolutionary significant units (ESUs) are [FR Doc. 03–26200 Filed 10–15–03; 8:45 am] Workshop as part of the Southeastern covered in this notice: Data, Assessment, and Review (SEDAR) BILLING CODE 3510–22–S Threatened Lower Columbia River process. The SEDAR assessment of the (LCR) Chinook salmon (Oncorhynchus tshawytscha) South Atlantic and Caribbean deepwater DEPARTMENT OF COMMERCE snapper and grouper complex will begin Threatened Columbia River (CR) Chum salmon (O. keta). with a Data Workshop in Charleston, National Oceanic and Atmospheric Threatened LCR Steelhead (O. mykiss) SC. Administration Take Summary DATES: The SEDAR Deepwater Data [I.D.100603F] Workshop will be held November 3, For the benefit of 29 restoration 2003 beginning at 1:30 p.m. through Endangered and Threatened Species; projects over a five year period, a November 7, 2003, ending by 4 p.m. Take of Anadromous Fish maximum number of 48 juvenile steelhead and two juvenile spring ADDRESSES: The workshop will be held AGENCY: National Marine Fisheries chinook are expected to be killed. That at the Hampton Inn Charleston/West Service (NMFS), National Oceanic and equates to an annual take of 10 juvenile Ashley, 678 Citadel Haven Drive, Atmospheric Administration (NOAA), steelhead resulting from six projects. Charleston, SC 29414; telephone: (843) Commerce. Conservatively estimating take in 573-1200; fax: (843) 556-6078. ACTION: Issuance of enhancement of several instances involved intentionally Council address: One Southpark survival permit (1425). inflated numbers. The number of dead Circle, Suite 306, Charleston, SC 29407. juveniles could be much lower. Still, 48 FOR FURTHER INFORMATION CONTACT: Kim SUMMARY: On August 7, 2003, NMFS’ dead juveniles (and 10 per year) is a Iverson, Public Information Officer, Northwest Region issued permit 1425 small number as a portion of the total South Atlantic Fishery Management (described in the SUPPLEMENTARY Lewis River steelhead outmigration. Council, telephone: (843) 571–4366 or INFORMATION section below) under Steelhead smolt production for Cedar toll free 866/SAFMC-10; fax: (843) 769– the Endangered Species Act (ESA) Creek, where most of the North Fork 4520. allowing take of threatened species for production occurs, averages 3600. Data SUPPLEMENTARY INFORMATION: An enhancement of survival actions. for the East Fork were not available. assessment data set will be developed ADDRESSES: The applications and Even if steelhead production in the during the workshop for 8 species in the related documents are available for Lewis River was limited to the average South Atlantic snapper grouper review during business hours by 3,600 from Cedar Creek, 10 steelhead management complex: snowy grouper, appointment at NMFS’ Washington would be 0.3 percent of the run. The golden tilefish, speckled hind, Warsaw State Branch Office, Habitat effect on the entire LCR evolutionary grouper, blueline tilefish, queen Conservation Division, 510 Desmond significant unit (ESU) is smaller yet. snapper, misty grouper and yellowedge Drive SE, Suite 103, Lacy, WA 98503 NMFS does not have data available to grouper. The data set will also include (phone: 360–753–9530). calculate the percentage of summer the following four species from the FOR FURTHER INFORMATION CONTACT: rearing chinook smolts that may be Caribbean: queen snapper, silk snapper, Stephanie Ehinger, Lacey, WA, killed. But, NMFS expects the effect to sand tilefish and blackline tilefish. The Telephone: (360) 534–9341, fax: (360) be even smaller, because the vast assessment data set for these species 753–9517, e-mail: majority of the chinook will not be in will include catch statistics, fishery [email protected]; or Dan the system during construction. Thus, sampling, independent monitoring, life Guy at the same office, Telephone: 360– the percentage of the smolts that are history and logbook information. 534–9342, email: [email protected]. likely to be taken is much lower than Although non-emergency issues not SUPPLEMENTARY INFORMATION: the 0.3 percent for the Lewis River contained in this agenda may come steelhead run. before this group for discussion, those Authority Notice was published on April 2, issues may not be the subject of formal Issuance of permits and permit 2003 (68 FR 15996), that Fish First, a action during this meeting. Action will modifications, as required by the non-profit organization based in be restricted to those issues specifically Endangered Species Act of 1973 (16 southwest Washington State, applied for identified in this notice and any issues U.S.C. 1531–1543) (ESA), is based on a an enhancement of survival permit arising after publication of this notice finding that such permits/modifications: under section 10(a)(1)(A) of the ESA. that require emergency action under (1) Are applied for in good faith; (2) NMFS issued permit 1425 on August 7, 2003, authorizing annual takes of the section 305(c) of the Magnuson-Stevens would not operate to the disadvantage threatened salmonids listed above in the Fishery Conservation and Management of the listed species which are the Lewis River basin. Permit 1425 expires Act, provided the public has been subject of the permits; and (3) are on August 10, 2008. notified of the Council’s intent to take consistent with the purposes and final action to address the emergency. policies set forth in section 2 of the Dated: October 9, 2003. ESA. Scientific research and/or Phil Williams, Special Accommodations enhancement permits are issued under Chief, Endangered Species Division, Office These meetings are physically Section 10(a)(1)(A) of the ESA in of Protected Resources, National Marine accessible to people with disabilities. accordance with and subject to the ESA Fisheries Service. Requests for sign language and NMFS regulations governing listed [FR Doc. 03–26196 Filed 10–15–03; 8:45 am] interpretation or other auxiliary aids fish and wildlife permits (50 CFR parts BILLING CODE 3510–22–S

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DEPARTMENT OF COMMERCE Dated: October 9, 2003. issued to you on October 8, 2002, by the Doris W. Brown, Chairman, Committee for the Implementation National Telecommunications and Human Resources Officer. of Textile Agreements. That directive Information Administration concerns imports of certain cotton, wool and [FR Doc. 03–26124 Filed 10–15–03; 8:45 am] man-made fiber textiles and textile products Announcement of Performance Review BILLING CODE 3510–25–P and silk blend and other vegetable fiber Board Members apparel, produced or manufactured in the Philippines and exported during the twelve- month period which began on January 1, AGENCY: COMMITTEE FOR THE National Telecommunications 2003 and extends through December 31, and Information Administration, IMPLEMENTATION OF TEXTILE AGREEMENTS 2003. Department of Commerce. Effective on October 17, 2003, you are directed to adjust the limits for the following ACTION: Notice. Adjustment of Import Limits for Certain Cotton and Man-Made Fiber Textile categories, as provided for under the Uruguay Round Agreement on Textiles and Clothing: SUMMARY: 5 CFR 430.310 requires Products Produced or Manufactured in agencies to publish notice of the Philippines Category Adjusted twelve-month Performance Review Board appointees limit 1 October 10, 2003. in the Federal Register before their AGENCY: Committee for the service begins. This notice announces Levels in Group I Implementation of Textile Agreements the names of new and existing members 335 ...... 316,668 dozen. (CITA). 338/339 ...... 3,533,517 dozen. of the National Telecommunications ACTION: Issuing a directive to the 347/348 ...... 3,540,738 dozen. and Information Administration’s 635 ...... 428,602 dozen. Performance Review Board. Commissioner, Bureau of Customs and Border Protection adjusting limits. 638/639 ...... 3,195,642 dozen. FOR FURTHER INFORMATION CONTACT: 647/648 ...... 1,947,480 dozen. Darlene Haywood, International Trade EFFECTIVE DATE: October 17, 2003. 1 The limits have not been adjusted to ac- Administration, Office of Human FOR FURTHER INFORMATION CONTACT: count for any imports exported after December Resources Management, at (202) 482– Naomi Freeman, International Trade 31, 2002. 2850, Room 7060, Washington, DC Specialist, Office of Textiles and The Committee for the Implementation of 20230. Apparel, U.S. Department of Commerce, Textile Agreements has determined that (202) 482–4212. For information on the these actions fall within the foreign affairs SUPPLEMENTARY INFORMATION: The quota status of these limits, refer to the exception to the rulemaking provisions of 5 purpose of the Performance Review Quota Status Reports posted on the U.S.C. 553(a)(1). Board is to review and make Sincerely, bulletin boards of each Customs port, Philip J. Martello, recommendations to the appointing call (202) 927–5850, or refer to the authority on performance management Acting Chairman, Committee for the Bureau of Customs and Border Implementation of Textile Agreements. issues such as appraisals, bonuses, pay Protection website at http:// level increases, and Presidential Rank [FR Doc. 03–26213 Filed 10–15–03; 8:45 am] www.customs.gov. For information on BILLING CODE 3510–DR–S Awards for members of the Senior embargoes and quota re-openings, refer Executive Service. The Acting Assistant to the Office of Textiles and Apparel Secretary for Communications and website at http://otexa.ita.doc.gov. Information, Michael D. Gallagher, has DEPARTMENT OF EDUCATION SUPPLEMENTARY INFORMATION: named the following members of the National Telecommunications and Authority: Section 204 of the Agricultural Submission for OMB Review; Information Administration Act of 1956, as amended (7 U.S.C. 1854); Comment Request Executive Order 11651 of March 3, 1972, as Performance Review Board: amended. AGENCY: Department of Education. 1. Frederick R. Wentland, Associate The current limits for certain SUMMARY: The Leader, Regulatory Administrator for Spectrum categories are being adjusted for special Information Management Group, Office Management (Chairperson). shift. of the Chief Information Officer invites comments on the submission for OMB 2. Bernadette McGuire-Rivera, A description of the textile and review as required by the Paperwork Associate Administrator for apparel categories in terms of HTS Reduction Act of 1995. Telecommunications and Information numbers is available in the Correlation: Applications. Textile and Apparel Categories with the DATES: Interested persons are invited to Harmonized Tariff Schedule of the submit comments on or before 3. Alan W. Vincent, Associate United States (see Federal Register November 17, 2003. Administrator for Telecommunication notice 68 FR 1599, published on January ADDRESSES: Written comments should Sciences and Director, Institute for 13, 2003). Also see 67 FR 63632, be addressed to the Office of Telecommunication Sciences (new). published on October 15, 2002. Information and Regulatory Affairs, 4. Robin R. Layton, Associate Philip J. Martello, Attention: Lauren Wittenberg, Desk Administrator for International Affairs Officer, Department of Education, Office (new). Acting Chairman, Committee for the Implementation of Textile Agreements. of Management and Budget, 725 17th 5. Ronald P. Hack, Deputy Chief Street, NW., Room 10235, New Committee for the Implementation of Textile Executive Office Building, Washington, Information Officer for Information Agreements Technology Services, Patent and DC 20503 or should be electronically Trademark office (outside reviewer). October 10, 2003. mailed to the Internet address Commissioner, [email protected]. 6. Darlene F. Haywood, Executive Bureau of Customs and Border Protection, Secretary, ITA Office of Human Washington, DC 20229. SUPPLEMENTARY INFORMATION: Section Resources Management at (202) 482– Dear Commissioner: This directive 3506 of the Paperwork Reduction Act of 2850. amends, but does not cancel, the directive 1995 (44 U.S.C. Chapter 35) requires

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that the Office of Management and Therefore, the 30-day public comment Group, Office of the Chief Information Budget (OMB) provide interested period notice will be the only public Officer, publishes that notice containing Federal agencies and the public an early comment notice published for this proposed information collection opportunity to comment on information information collection. requests prior to submission of these collection requests. OMB may amend or Requests for copies of the submission requests to OMB. Each proposed waive the requirement for public for OMB review; comment request may information collection, grouped by consultation to the extent that public be accessed from http:// office, contains the following: (1) Type participation in the approval process edicsweb.ed.gov, by selecting the of review requested, e.g. new, revision, would defeat the purpose of the ‘‘Browse Pending Collections’’ link and extension, existing or reinstatement; (2) information collection, violate State or by clicking on link number 2362. When Title; (3) Summary of the collection; (4) Federal law, or substantially interfere you access the information collection, Description of the need for, and with any agency’s ability to perform its click on ‘‘Download Attachments’’ to proposed use of, the information; (5) statutory obligations. The Leader, view. Written requests for information Respondents and frequency of Regulatory Information Management should be addressed to Vivian Reese, collection; and (6) Reporting and/or Group, Office of the Chief Information Department of Education, 400 Maryland Recordkeeping burden. OMB invites Officer, publishes that notice containing Avenue, SW., Room 4050, Regional public comment. The Department of proposed information collection Office Building 3, Washington, DC Education is especially interested in requests prior to submission of these 20202–4651 or to the e-mail address public comment addressing the requests to OMB. Each proposed [email protected]. Requests may also following issues: (1) Is this collection information collection, grouped by be electronically mailed to the internet necessary to the proper functions of the _ office, contains the following: (1) Type address OCIO [email protected] or faxed to Department; (2) will this information be of review requested, e.g. new, revision, (202) 708–9346. Please specify the processed and used in a timely manner; extension, existing or reinstatement; (2) complete title of the information (3) is the estimate of burden accurate; Title; (3) Summary of the collection; (4) collection when making your request. (4) how might the Department enhance Description of the need for, and Comments regarding burden and/or the quality, utility, and clarity of the proposed use of, the information; (5) the collection activity requirements information to be collected; and (5) how Respondents and frequency of should be directed to Joseph Schubart at might the Department minimize the collection; and (6) Reporting and/or his e-mail address [email protected]. burden of this collection on the Recordkeeping burden. OMB invites Individuals who use a respondents, including through the use public comment. telecommunications device for the deaf of information technology. (TDD) may call the Federal Information Dated: October 10, 2003. Relay Service (FIRS) at 1–800–877– Dated: October 10, 2003. Angela C. Arrington, 8339. Angela C. Arrington, Leader, Regulatory Information Management Leader, Regulatory Information Management [FR Doc. 03–26141 Filed 10–15–03; 8:45 am] Group, Office of the Chief Information Officer. Group, Office of the Chief Information Officer. BILLING CODE 4000–01–P Office of Postsecondary Education Institute of Education Sciences Type of Review: Revision. Type of Review: New. DEPARTMENT OF EDUCATION Title: Application for Grants Under Title: American Indian Supplement to the Strengthening Institutions Program, Notice of Proposed Information the National Assessment of Educational American Indian Tribally Controlled Collection Requests Progress (NAEP), Field Test 2004. Colleges and Universities Program, and Frequency: One time. Alaska Native and Hawaiian Serving AGENCY: Department of Education. Affected Public: State, Local, or Tribal Institutions Program. SUMMARY: The Leader, Regulatory Gov’t, SEAs or LEAs; Individuals or Frequency: Annually. Information Management Group, Office household. Affected Public: Not-for-profit of the Chief Information Officer, invites Reporting and Recordkeeping Hour institutions; State, local or Tribal Gov’t, comments on the proposed information Burden: SEAs or LEAs. collection requests as required by the Responses: 1,300. Reporting and Recordkeeping Hour Paperwork Reduction Act of 1995. Burden Hours: 325. Burden: DATES: Interested persons are invited to Abstract: This study is a field test for Responses: 415. submit comments on or before a planned supplement to the National Burden Hours: 19,250. December 15, 2003. Assessment of Educational Progress. Abstract: The information is required SUPPLEMENTARY INFORMATION: Section The study will determine the feasibility of institutions of higher education that 3506 of the Paperwork Reduction Act of of oversampling the American Indian apply for grants under the Strengthening 1995 (44 U.S.C. Chapter 35) requires and Alaska Native student population. Institutions Program, the American that the Office of Management and In addition to a standard assessment Indian Tribally Controlled Colleges and Budget (OMB) provide interested and it includes special background Universities Program, and the Alaska Federal agencies and the public an early questionnaires for student, teacher, and Native and Native Hawaiian Serving opportunity to comment on information school components. A 3-year clearance Institutions Program, authorized under collection requests. OMB may amend or is requested. Title III, Part A of the Higher Education waive the requirement for public Requests for copies of the proposed Act of 1995, as amended. This consultation to the extent that public information collection request may be information will be used in the peer participation in the approval process accessed from http://edicsweb.ed.gov, review and in making funding would defeat the purpose of the by selecting the ‘‘Browse Pending recommendations. information collection, violate State or Collections’’ link and by clicking on This collection is being submitted Federal law, or substantially interfere link number 2363. When you access the under the Streamlined Clearance with any agency’s ability to perform its information collection, click on Process for Discretionary Grant statutory obligations. The Leader, ‘‘Download Attachments ‘‘to view. Information Collections (1890–0001). Regulatory Information Management Written requests for information should

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be addressed to Vivian Reese, independent study experience in an The page limit does not apply to Part Department of Education, 400 Maryland area that is directly pertinent to I, the cover sheet; Part IV, the Avenue, SW., Room 4050, Regional disability and rehabilitation. In the most assurances and certifications; or the Office Building 3, Washington, DC recent competitions, recipients of a one-page abstract, the resumes, the 20202–4651 or to the e-mail address Merit Fellowship had research bibliography, or the letters of support. [email protected]. Requests may also experience at the doctoral level. However, you must include all of the be electronically mailed to the internet Applicants are not required to submit application narrative in Part III. address [email protected] or faxed to a budget with their proposal. These are We will reject your application if you 202–708–9346. Please specify the one Full Time Equivalent (FTE) awards. apply these standards and exceed the complete title of the information The Fellow must work principally on page limit. collection when making your request. the fellowship during the year. We Note: Applicants must place their Social Comments regarding burden and/or define one FTE as equal to 40 hours per Security Number in Block #2 on the ED 424 the collection activity requirements week. The Fellow cannot receive form in place of the D–U–N–S Number. should be directed to Katrina Ingalls at support through any other Federal Applicable Regulations: The her e-mail address Government grants during this period. [email protected]. Individuals who Eligible applicants: Only individuals Education Department General use a telecommunications device for the who have advanced rehabilitation Administrative Regulations (EDGAR), deaf (TDD) may call the Federal research training and experience in 34 CFR parts 75, 77, 81, 82, 85, and 97; Information Relay Service (FIRS) at 1– conducting scientific research related to and 34 CFR part 356, Disability and 800–877–8339. the solution of rehabilitation problems Rehabilitation Research Fellowships. SUPPLEMENTARY INFORMATION: [FR Doc. 03–26142 Filed 10–15–03; 8:45 am] of individuals with disabilities are BILLING CODE 4000–01–P eligible. Note: NIDRR supports the goals of Note: Institutions are not eligible to be President Bush’s New Freedom Initiative recipients of Fellowships. (NFI). The NFI can be accessed on the DEPARTMENT OF EDUCATION Internet at the following site: http:// Applications available: October 16, www.whitehouse.gov/news/ Office of Special Education and 2003. freedominitiative/freedominitiative.html. Deadline for transmittal of Rehabilitative Services The Research Fellowships Program is applications: December 15, 2003. in concert with NIDRR’s Long-Range [CFDA No.: 84.133F] Estimated available funds: The Plan (Plan). The Plan is comprehensive Administration has requested $500,000 and integrates many issues relating to National Institute on Disability and for this program for FY 2004. The actual disability and rehabilitation research Rehabilitation Research—Research level of funding, if any, depends on Fellowships Program; Notice Inviting topics. The Plan can be accessed on the final congressional action. However, we Applications for New Awards for Fiscal Internet at the following site: http:// are inviting applications to allow Year (FY) 2004 www.ed.gov/rschstat/research/pubs/ enough time to complete the grant index.html. process if Congress appropriates funds Purpose of Program: The purpose of Selection Criteria: In evaluating an for this program. the Research Fellowships Program is to application for a Fellowship under this Maximum Award: Merit: $45,000; build research capacity by providing competition, we use selection criteria Distinguished: $55,000. support to highly qualified individuals, chosen from the selection criteria in 34 including those who are individuals Note: Applicants must indicate whether CFR 356.30–32. The selection criteria to with disabilities, to conduct research they are applying for the Merit Fellowship: be used for this competition will be about the rehabilitation of individuals $45,000, or the Distinguished Fellowship: provided in the application package for with disabilities. Fellows may conduct $55,000. this competition. original research in an area authorized Estimated Number of Awards: 10. Application Procedures: by section 204 of the Rehabilitation Act of 1973, as amended. Fellows must Note: The Department is not bound by any Note: Some of the procedures in these estimates in this notice. address problems encountered by instructions for transmitting applications individuals in their daily lives that are Project Period: 12 months. differ from those in the Education Page Limit: The application narrative Department General Administrative due to the presence of a disabling Regulations (EDGAR) (34 CFR 75.102). Under condition, problems associated with the (Part III of the application) is where you, the Administrative Procedure Act (5 U.S.C. provision of rehabilitation services to the applicant, address the selection 553) the Department generally offers individuals with disabilities, and criteria that reviewers use to evaluate interested parties the opportunity to problems connected with the conduct of your application. You must limit Part III comment on proposed regulations. However, disability research. to the equivalent of no more than 24 these amendments make procedural changes The program provides two categories pages using the following standards: only and do not establish new substantive of Fellowships: Merit Fellowships and • A ‘‘page’’ is 8.5″ x 11″, on one side policy. Therefore, under 5 U.S.C. 553(b)(A), Distinguished Fellowships. only, with 1″ margins at the top, bottom, the Secretary has determined that proposed (a) To be eligible for a Distinguished and both sides. rulemaking is not required. Fellowship, an individual must have • Double space (no more than three Pilot Project for Electronic Submission seven or more years of research lines per vertical inch) all text in the of Applications experience in subject areas, methods, or application narrative, including titles, techniques relevant to rehabilitation headings, footnotes, quotations, In FY 2004, the U.S. Department of research and must have a doctorate, references, and captions, as well as all Education is continuing to expand its other terminal degree, or comparable text in charts, tables, figures, and pilot project of electronic submission of academic qualifications. graphs. applications to include additional (b) To be eligible for a Merit • Use a font that is either 12 point or formula grant programs and additional Fellowship, an individual must have larger or no smaller than 10 pitch discretionary grant competitions. The either advanced professional training or (characters per inch). Research Fellowships Program—CFDA

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#84.133F is one of the programs • We may request that you give us 20202–2550. Telephone: (202) 205– included in the pilot project. If you are original signatures on other forms at a 8207. If you use a telecommunications an applicant under the Research later date. device for the deaf (TDD), you may call Fellowships Program, you may submit • Application Deadline Date the Federal Information Relay Services your application to us in either Extension in Case of System (FIRS) at 1–800–877–8339. However, electronic or paper format. Unavailability: If you elect to participate the Department is not able to reproduce The pilot project involves the use of in the e-Application pilot for the in an alternative format the standard the Electronic Grant Application System Research Fellowships Program—CFDA forms included in the application (e-Application). Users of e-Application #84.133F and you are prevented from package. submitting your application on the will be entering data on-line while FOR FURTHER INFORMATION CONTACT: application deadline date because the e- completing their applications. You may Donna Nangle, U.S. Department of Application system is unavailable, we not e-mail a soft copy of a grant Education, 400 Maryland Avenue, SW., will grant you an extension of one application to us. If you participate in room 3412, Switzer Building, business day in order to transmit your this voluntary pilot project by Washington, DC 20202–2645. application electronically, by mail, or by submitting an application electronically, Telephone: (202) 205–5880 or via hand delivery. For us to grant this the data you enter on-line will be saved Internet: [email protected]. into a database. We request your extension— If you use a telecommunications 1. You must be a registered user of e- participation in e-Application. We shall device for the deaf (TDD), you may call Application, and have initiated an e- continue to evaluate its success and the TDD number at (202) 205–4475. Application for this competition; and solicit suggestions for its improvement. Individuals with disabilities may If you participate in e-Application, 2. (a) The e-Application system must be unavailable for 60 minutes or more obtain this document in an alternative please note the following: format (e.g., Braille, large print, • between the hours of 8:30 a.m. and 3:30 Your participation is voluntary. audiotape, or computer diskette) on • p.m., Washington, DC time, on the When you enter the e-Application request to the contact person listed system, you will find information about application deadline date; or (b) The e-Application system must be under FOR FURTHER INFORMATION its hours of operation. We strongly CONTACT. recommend that you do not wait until unavailable for any period of time the application deadline date to initiate during the last hour of operation (that is, Electronic Access to This Document for any period of time between 3:30 p.m. an e-Application package. You may review this document, as and 4:30 p.m., Washington, DC time) on • You will not receive additional well as all other Department of point value because you submit a grant the application deadline date. The Department must acknowledge Education documents published in the application in electronic format, nor and confirm these periods of Federal Register, in text or Adobe will we penalize you if you submit an unavailability before granting you an Portable Document Format (PDF) on the application in paper format. extension. To request this extension or Internet at the following site: http:// • You may submit all documents to confirm the Department’s www.ed.gov/news/fedregister. electronically, including the To use PDF you must have Adobe acknowledgement of any system Application for Federal Education Acrobat Reader, which is available free unavailability, you may contact either Assistance (ED 424) and all necessary at this site. If you have questions about (1) the person listed elsewhere in this assurances and certifications. The using PDF, call the U.S. Government notice under FOR FURTHER INFORMATION Budget Information—Non-Construction Printing Office (GPO), toll free, at 1– CONTACT or (2) the e-GRANTS help desk Programs (ED 524) is not required by the 888–293–6498; or in the Washington, at 1–888–336–8930. Research Fellowships Program—CFDA You may access the electronic grant DC area at (202) 512–1530. #84.133F. • application for the Research Note: The official version of this document Your e-Application must comply Fellowships Program—CFDA #84.133F is the document published in the Federal with any page limit requirements at: http://e-grants.ed.gov. Register. Free Internet access to the official described in this notice. edition of the Federal Register and the Code • For Applications Contact: Education After you electronically submit Publications Center (ED Pubs), P.O. Box of Federal Regulations is available on GPO your application, you will receive an Access at: http://www.gpoaccess.gov/nara/ 1398, Jessup, MD 20794–1398. index.html. automatic acknowledgement, which Telephone (toll free): 1–877–433–7827. will include a PR/Award number (an FAX: (301) 470–1244. If you use a Program Authority: 29 U.S.C. 762(e). identifying number unique to your telecommunications device for the deaf Dated: October 9, 2003. application). (TDD), you may call (toll free): 1–877– • Robert H. Pasternack, Within three working days after 576–7734. submitting your electronic application, Assistant Secretary for Special Education and You may also contact ED Pubs via its Rehabilitative Services. fax a signed copy of the Application for Web site: http://www.ed.gov/pubs/ [FR Doc. 03–26208 Filed 10–15–03; 8:45 am] Federal Education Assistance (ED 424) edpubs.html. BILLING CODE 4000–01–P to the Application Control Center after Or you may contact ED Pubs at its e- following these steps: mail address: [email protected]. 1. Print ED 424. If you request an application from ED 2. The applicant must sign this form Pubs, be sure to identify this DEPARTMENT OF ENERGY under the Research Fellowships competition as follows: CFDA #84.133F. Environmental Management Advisory Program—CFDA #84.133F. Individuals with disabilities may Board 3. Place the PR/Award number in the obtain a copy of the application package upper right hand corner of the hard in an alternative format by contacting AGENCY: Department of Energy. copy signature page of the ED 424. the Grants and Contracts Services Team, ACTION: Notice of open meeting. 4. Fax the signed ED 424 to the U.S. Department of Education, 400 Application Control Center at (202) Maryland Avenue, SW., room 3317, SUMMARY: This notice announces a 260–1349. Switzer Building, Washington, DC meeting of the Environmental

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Management Advisory Board. The minutes and transcript of the meeting • Presentation by (DOE Federal Advisory Committee Act (Public will be available for viewing at the Representative), on Clean Coal Power law 92–463, 86 Stat. 770) requires that Freedom of Information Public Reading Initiative. public notice of these meetings be Room (1E–190) in the Forrestal • Other Business. announced in the Federal Register. Building, U.S. Department of Energy, • Adjourn. Public Participation: The meeting is DATES: Friday, November 21, 2003. 1000 Independence Avenue, SW., Washington, DC 20585. The Room is open to the public. The Chairman of the ADDRESSES: U.S. Department of Energy, NCC will conduct the meeting to Forrestal Building, 1000 Independence open Monday through Friday from 9 a.m.–4 p.m. except on Federal holidays. facilitate the orderly conduct of Avenue SW., (Room 1E–245), business. If you would like to file a Washington, DC 20585. Issued in Washington, DC, on October 10, written statement with the Committee, 2003. FOR FURTHER INFORMATION CONTACT: you may do so either before or after the James T. Melillo, Executive Director of Rachel M. Samuel, meeting. If you would to like to make the Environmental Management Deputy Advisory Committee Management oral statements regarding any of the Advisory Board, (EM–10), 1000 Officer. items on the agenda, you should contact Independence Avenue SW., (Room 5B– [FR Doc. 03–26168 Filed 10–15–03; 8:45 am] Estelle W. Hebron at the address or 171), Washington, DC 20585. The BILLING CODE 6450–01–P telephone number listed above. You telephone number is (202) 586–4400. must make your request for an oral The Internet address is statement at least five business days DEPARTMENT OF ENERGY [email protected]. prior to the meeting, and reasonable SUPPLEMENTARY INFORMATION: Purpose of Office of Fossil Energy; National Coal provisions will be made to include the the Board: To provide the Assistant Council presentation on the agenda. Public Secretary for Environmental comment will follow the 10 minute rule. Management (EM) with advice and AGENCY: Department of Energy. Transcripts: The transcript will be recommendations on corporate issues ACTION: Notice of open meeting. available for public review and copying confronting the Environmental within 30 days at the Freedom of Management Program. The Board will SUMMARY: This notice announces a Information Public Reading Room, 1E– contribute to the effective operation of meeting of the National Coal Council. 190, Forrestal Building, 1000 the Environmental Management Federal Advisory Committee Act (Public Independence Avenue, SW., Program by providing individual Law 92–463, 86 Stat. 770) requires Washington, DC, between 9 a.m. and 4 citizens and representatives of notice of these meetings be announced p.m., Monday through Friday, except interested groups an opportunity to in the Federal Register. Federal holidays. present their views on issues facing the DATES: Thursday, December 4, 2003, 9 Issued in Washington, DC, on October 10, Office of Environmental Management a.m. to 12 Noon. 2003. and by helping to secure consensus ADDRESSES: Fairmont Hotel, 2401 M Rachel M. Samuel, recommendations on those issues. Street, NW, Washington, DC. Deputy Advisory Committee Management Tentative Agenda: Officer. FOR FURTHER INFORMATION CONTACT: Friday, November 21, 2003. [FR Doc. 03–26169 Filed 10–15–03; 8:45 am] 9 p.m. Public Meeting Open. Estelle W. Hebron, U.S. Department of Energy, Office of Fossil Energy, BILLING CODE 6450–01–P —Welcome Washington, DC 20585. Phone: 202/ —Opening Remarks 586–6837. —EM Overview DEPARTMENT OF ENERGY —EM Program Update SUPPLEMENTARY INFORMATION: —Board Briefing Purpose of the Committee: The Office of Fossil Energy —Board Business purpose of the National Coal Council is [FE Docket Nos. 03–33–NG, et al.] 5 p.m—Public Comment and to provide advice, information, and Adjournment. recommendations to the Secretary of Husky Gas Marketing, Inc., et al.; Public Participation: This meeting is Energy on matters relating to coal and Orders Granting and Vacating open to the public. If you would like to coal industry issues. The purpose of this Authority To Import and Export Natural file a written statement with the Board, meeting is to provide updates on several Gas, and Import of Liquefied Natural you may do so either before or after the of these issues, which are summarized Gas in the following agenda. meeting. If you would like to make an AGENCY: Office of Fossil Energy, DOE. oral statement regarding any of the Tentative Agenda: • ACTION: Notice of Orders. items on the agenda, please contact Mr. Call to Order by Mr. Wes M. Taylor, Melillo at the address or telephone Chairman. SUMMARY: The Office of Fossil Energy number listed above, or call the • Remarks of Secretary of Energy, (FE) of the Department of Energy gives Environmental Management Advisory Spencer Abraham (invited). notice that during August 2003, it Board office at (202) 586–4400, and we • Council Business. issued Orders granting and vacating will reserve time for you on the agenda. • Presentation by Mr. James Roewer, authority to import and export natural Those who call in and or register in Exec. Director, Utility Solid Waste gas, and import of liquefied natural gas. advance will be given the opportunity to Activities Group, on New Source These Orders are summarized in the speak first. Others will be Review rulemaking. attached appendix and may be found on accommodated as time permits. The • Presentation by Ms. Sharon the FE Web site at http://www.fe.doe.gov Board Chair will conduct the meeting in Glacken, TXU Corporation, on Mercury (select gas regulation), or on the an orderly manner. rulemaking for coal-based generating electronic bulletin board at (202) 586– Minutes: We will make the minutes of plants. 7853. They are also available for the meeting available for public review • Presentation by (TBD), on Northeast inspection and copying in the Office of and copying by February 22, 2004. The blackout of August 14, 2003. Natural Gas & Petroleum Import &

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Export Activities, Docket Room 3E–033, 4:30 p.m., Monday through Friday, Issued in Washington, DC, on September Forrestal Building, 1000 Independence except Federal holidays. 16, 2003. Avenue, SW, Washington, DC 20585, Clifford P. Tomaszewski, (202) 586–9478. The Docket Room is Manager, Natural Gas Regulation, Office of open between the hours of 8 a.m. and Natural Gas & Petroleum Import & Export Activities, Office of Fossil Energy.

APPENDIX—ORDERS GRANTING AND VACATING IMPORT/EXPORT AUTHORIZATIONS [DOE/FE Authority]

Date Importer/exporter Import Export Order No. issued FE docket No. volume volume Comments

1882 ...... 8–5–03 Husky Gas Marketing, Inc.; 250 Bcf Import and export up to a combined total of natural gas from 03–33–NG. and to Canada, beginning on August 10, 2003, and extending through August 9, 2005.

1883 ...... 8–5–03 Weyerhaeuser Company; 03– 24 Bcf Import natural gas from Canada, beginning on November 1, 36–NG. 2003, and extending through October 31, 2005.

1884 ...... 8–6–03 NSTAR Gas Company; 03– 20 Bcf Import and export up to a combined total of natural gas from 39–NG. and to Canada, beginning on November 1, 2003, and extending through October 31, 2005.

1885 ...... 8–18–03 Padre Valencia Energy Cor- 107 Mcf Import LNG from other sources beginning on October 1, poration; 03–38–LNG. 2003, and extending through September 30, 2005.

1886 ...... 8–18–03 Chevron U.S.A. Inc.; 03–41– 55 Bcf Import natural gas from Canada, beginning on August 18, NG. 2003, and extending through August 17, 2005.

1785–A ...... 8–18–03 Chevron U.S.A. Inc.; 02–38– Vacate blanket authority. NG.

1887 ...... 8–18–03 OXY Energy Canada, LLC; 400 Bcf Import and export up to a combined total of natural gas from 03–40–NG. and to Canada, beginning on September 1, 2003, and extending through August 31, 2005.

1888 ...... 8–19–03 Sierra Pacific Power Com- 100 Bcf Import natural gas from Canada, beginning on January 1, pany; 03–43–NG. 2004, and extending through December 31, 2005.

1889 ...... 8–25–03 ConocoPhillips Company; 03– 300 Bcf Import and export up to a combined total of natural gas from 44–NG. and to Canada and Mexico, beginning on August 27, 2003, and extending through August 26, 2005.

1801–A ...... 8–26–03 Emera Energy Services, Inc.; Vacate blanket authority. 02–53–NG.

1890 ...... 8–26–03 Emera Energy Services, Inc.; 400 Bcf Import and export up to a combined total of natural gas from 03–37–NG. and to Canada, beginning on September 1, 2003, and extending through August 31, 2005.

1891 ...... 8–26–03 EnCana Marketing (USA) Inc.; 500 Bcf Import and export up to a combined total of natural gas from 03–45–NG. and to Canada and Mexico, and import LNG from other sources, beginning on June 30, 2003, and extending through June 29, 2005.

1892 ...... 8–28–03 TXU Portfolio Management 240 Bcf Import and export up to a combined total of natural gas from Company LP; 03–47–NG. 240 Bcf and to Canada, and import and export up to a combined total of natural gas from and to Mexico, beginning on July 27, 2003, and extending through July 26, 2005.

[FR Doc. 03–26170 Filed 10–15–03; 8:45 am] SUMMARY: This notice announces a ADDRESSES: College Hill Library, Room BILLING CODE 6450–01–P meeting of the Environmental L211, Front Range Community College, Management Site-Specific Advisory 3705 West 112th Avenue, Westminster, Board (EM SSAB), Rocky Flats. The CO. DEPARTMENT OF ENERGY Federal Advisory Committee Act (Pub. FOR FURTHER INFORMATION CONTACT: Ken L. No. 92–463, 86 Stat. 770) requires Korkia, Board/Staff Coordinator, Rocky Environmental Management Site- that public notice of these meeting be Flats Citizens Advisory Board, 10808 Specific Advisory Board, Rocky Flats announced in the Federal Register. Highway 93, Unit B, Building 60, Room AGENCY: Department of Energy. DATES: Thursday, November 6, 2003, 6 107B, Golden, CO, 80403; telephone p.m. to 9 p.m. (303) 966–7855; fax (303) 966–7856. ACTION: Notice of open meeting.

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SUPPLEMENTARY INFORMATION: Purpose of DEPARTMENT OF ENERGY Intervention and Protest Date: October the Board: The purpose of the Board is 14, 2003. Federal Energy Regulatory to make recommendations to DOE and Magalie R. Salas, its regulators in the areas of Commission Secretary. environmental restoration, waste [FR Doc. E3–00064 Filed 10–15–03; 8:45 am] management, and related activities. [Docket No. RP04–6–000] BILLING CODE 6717–01–P Tentative Agenda Enbridge Pipelines (KPC); Notice of Proposed Changes in Ferc Gas Tariff 1. Discussion and Approval of DEPARTMENT OF ENERGY recommendations and comments on the October 3, 2003. draft Interim Measure/Interim Remedial Take notice that on September 29, Federal Energy Regulatory Action document for the Present Landfill. Commission 2. Discussion with Ray Plieness, Grand 2003, Enbridge Pipelines (KPC) Junction Project Office, on long-term tendered for filing as part of its FERC [Docket No. RP04–12–000] stewardship at Rocky Flats. Gas Tariff, First Revised Volume No. 1, Florida Gas Transmission Company; 3. Other Board business may be conducted as the following tariff sheets, to be made Notice of Proposed Changes in FERC necessary. effective November 1, 2003: Gas Tariff Fourth Revised Sheet No. 15 Public Participation: The meeting is Fourth Revised Sheet No. 21 October 8, 2003. open to the public. Written statements Fourth Revised Sheet No. 26 Take notice that on October 1, 2003, may be filed with the Board either Fourth Revised Sheet No. 28 Fourth Revised Sheet No. 30 Florida Gas Transmission Company before or after the meeting. Individuals (FGT) tendered for filing, as part of its who wish to make oral statements Fourth Revised Sheet No. 31A Third Revised Sheet No. 31C FERC Gas Tariff, Third Revised Volume pertaining to agenda items should No. 1, revised tariff sheets listed in contact Ken Korkia at the address or KPC states that the purpose of the Appendix A to the filing, proposed to telephone number listed above. filing is to reflect an overall decrease in become effective on November 1, 2003. Requests must be received at least five its Fuel Reimbursement Percentages FGT states that this rate filing is made days prior to the meeting and reasonable pursuant to Section 23 of the General to effectuate changes in the rates and provisions will be made to include the Terms and Conditions of its FERC Gas terms applicable to FGT’s services presentation in the agenda. The Deputy Tariff. under Rate Schedules FTS–1, FTS–2, Designated Federal Officer is KPC states that copies of its FTS–WD, SFTS, NNTS, ITS–1, ITS–WD, empowered to conduct the meeting in a transmittal letter and appendices have and PNR. FGT states that based on Test fashion that will facilitate the orderly been mailed to all affected customers Period reservation and usage conduct of business. Each individual and interested state commissions. determinants, the proposed rate increase wishing to make public comment will Any person desiring to be heard or to under all Rate Schedules, excluding the be provided a maximum of five minutes protest said filing should file a motion impact of rate caps, negotiated rates, to present their comments. to intervene or a protest with the and discounts, would generate Federal Energy Regulatory Commission, approximately $56 million in additional Minutes: The minutes of this meeting 888 First Street, NE., Washington, DC annual transportation revenues for FGT. will be available for public review and 20426, in accordance with Sections Any person desiring to be heard or to copying at the office of the Rocky Flats 385.214 or 385.211 of the Commission’s protest said filing should file a motion Citizens Advisory Board, 10808 Rules and Regulations. All such motions to intervene or a protest with the Highway 93, Unit B, Building 60, Room or protests must be filed in accordance Federal Energy Regulatory Commission, 107B, Golden, CO 80403; telephone with Section 154.210 of the 888 First Street, NE., Washington, DC (303) 966–7855. Hours of operations are Commission’s Regulations. Protests will 20426, in accordance with Sections 7:30 a.m. to 4 p.m., Monday through be considered by the Commission in 385.214 or 385.211 of the Commission’s Friday. Minutes will also be made determining the appropriate action to be Rules and Regulations. All such motions available by writing or calling Ken taken, but will not serve to make or protests must be filed in accordance Korkia at the address or telephone protestants parties to the proceedings. with Section 154.210 of the number listed above. Board meeting Any person wishing to become a party Commission’s Regulations. Protests will minutes are posted on RFCAB’s Web must file a motion to intervene. This be considered by the Commission in site within one month following each filing is available for review at the determining the appropriate action to be meeting at: http://www.rfcab.org/ Commission in the Public Reference taken, but will not serve to make Minutes.HTML. Room or may be viewed on the protestants parties to the proceedings. Commission’s Web site at http:// Any person wishing to become a party Issued at Washington, DC, on October 10, www.ferc.gov using the ‘‘eLibrary’’. must file a motion to intervene. This 2003. Enter the docket number excluding the filing is available for review at the Rachel M. Samuel, last three digits in the docket number Commission in the Public Reference Deputy Advisory Committee Management field to access the document. For Room or may be viewed on the Officer. assistance, please contact FERC Online Commission’s Web site at http:// [FR Doc. 03–26171 Filed 10–15–03; 8:45 am] Support at www.ferc.gov using the ‘‘eLibrary’’. BILLING CODE 6450–01–P [email protected] or toll- Enter the docket number excluding the free at (866) 208–3676, or TTY, contact last three digits in the docket number (202) 502–8659. The Commission field to access the document. For strongly encourages electronic filings. assistance, please contact FERC Online See, 18 CFR 385.2001(a)(1)(iii) and the Support at instructions on the Commission’s web [email protected] or toll- site under the ‘‘e-Filing’’ link. free at (866) 208–3676, or TTY, contact

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(202) 502–8659. The Commission GBGP states that copies of the filing Guardian further states that copies of strongly encourages electronic filings. are being mailed to each of GBGP’s this filing are being served on all See, 18 CFR 385.2001(a)(1)(iii) and the customers and interested state affected customers and applicable state instructions on the Commission’s Web regulatory commissions. regulatory agencies. site under the ‘‘e-Filing’’ link. Any person desiring to be heard or to Any person desiring to be heard or to Intervention and Protest Date: October protest said filing should file a motion protest said filing should file a motion 14, 2003. to intervene or a protest with the to intervene or a protest with the Federal Energy Regulatory Commission, Federal Energy Regulatory Commission, Magalie R. Salas, 888 First Street, NE., Washington, DC 888 First Street, NE., Washington, DC Secretary. 20426, in accordance with Sections 20426, in accordance with Sections [FR Doc. E3–00060 Filed 10–15–03; 8:45 am] 385.214 or 385.211 of the Commission’s 385.214 or 385.211 of the Commission’s BILLING CODE 6717–01–P Rules and Regulations. All such motions Rules and Regulations. All such motions or protests must be filed in accordance or protests must be filed in accordance with Section 154.210 of the with Section 154.210 of the DEPARTMENT OF ENERGY Commission’s Regulations. Protests will Commission’s Regulations. Protests will Federal Energy Regulatory be considered by the Commission in be considered by the Commission in Commission determining the appropriate action to be determining the appropriate action to be taken, but will not serve to make taken, but will not serve to make [Docket No. RP04–1–000] protestants parties to the proceedings. protestants parties to the proceedings. Any person wishing to become a party Any person wishing to become a party Garden Banks Gas Pipeline, LLC; must file a motion to intervene. This must file a motion to intervene. This Notice of Proposed Changes in FERC filing is available for review at the filing is available for review at the Gas Tariff Commission in the Public Reference Commission in the Public Reference Room or may be viewed on the Room or may be viewed on the October 8, 2003. Commission’s Web site at http:// Commission’s Web site at http:// Take notice that on October 1, 2003, www.ferc.gov using the ‘‘eLibrary’’. www.ferc.gov using the ‘‘eLibrary’’. Garden Banks Gas Pipeline, LLC (GBGP) Enter the docket number excluding the Enter the docket number excluding the tendered for filing as part of its FERC last three digits in the docket number last three digits in the docket number Gas Tariff, Original Volume No. 1, the field to access the document. For field to access the document. For following revised tariff sheets to be assistance, please contact FERC Online assistance, please contact FERC Online effective November 1, 2003: Support at Support at Third Revised Sheet No. 14 [email protected] or toll- [email protected] or toll- Third Revised Sheet No. 24 free at (866) 208–3676, or TTY, contact free at (866) 208–3676, or TTY, contact Second Revised Sheet No. 33 (202) 502–8659. The Commission (202) 502–8659. The Commission Fifth Revised Sheet No. 100 strongly encourages electronic filings. strongly encourages electronic filings. Third Revised Sheet No. 101 See, 18 CFR 385.2001(a)(1)(iii) and the Second Revised Sheet No. 121C See, 18 CFR 385.2001(a)(1)(iii) and the Second Revised Sheet No. 216 instructions on the Commission’s web instructions on the Commission’s web First Revised Sheet No. 219 site under the ‘‘e-Filing’’ link. site under the ‘‘e-Filing’’ link. First Revised Sheet No. 220 Intervention and Protest Date: October Intervention and Protest Date: October Second Revised Sheet No. 227 14, 2003. 14, 2003 . First Revised Sheet No. 230 Second Revised Sheet No. 238 Magalie R. Salas, Magalie R. Salas, First Revised Sheet No. 241 Secretary. Secretary. First Revised Sheet No. 242 [FR Doc. E3–00057 Filed 10–15–03; 8:45 am] [FR Doc. E3–00059 Filed 10–15–03; 8:45 am] Second Revised Sheet No. 278 BILLING CODE 6717–01–P BILLING CODE 6717–01–P First Revised Sheet No. 281 Second Revised Sheet No. 288 First Revised Sheet No. 289 DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY First Revised Sheet No. 295A First Revised Sheet No. 296A Federal Energy Regulatory Federal Energy Regulatory Second Revised Sheet No. 297 Commission Third Revised Sheet No. 302 Commission GBGP states that the purpose of this [Docket No. RP03–628–000] [Docket No. RP04–11–000] filing is to update its tariff to: (1) Iroquois Gas Transmission System, Remove remnants of Order No. 637 Guardian Pipeline, L.L.C; Notice of L.P.; Notice of Tariff Filing policies that no longer apply Proposed Changes in FERC Gas Tariff (eliminating capacity releases at rates October 8, 2003. above max tariff rate and five-year term October 8, 2003. Take notice that on September 30, limit for determining best bid); (2) Take notice that on October 1, 2003, 2003, Iroquois Gas Transmission update the legal name of its member Guardian Pipeline, L.L.C. (Guardian) System, L.P. (Iroquois) tendered for company that handles certain tendered for filing as part of its FERC filing as part of its FERC Gas Tariff, First administrative functions; (3) add two Gas Tariff, Original Volume No. 1, Revised Volume No. 1, Twelfth Revised informational items to its Request for Fourth Revised Sheet No. 5, proposed to Sheet No. 4A, with an effective date of Service Form—the shipper’s Federal become effective November 1, 2003. November 1, 2003. Tax ID number and DUNS number— Guardian states that this filing is Iroquois states that pursuant to Part which are required for GBGP to conduct made in accordance with Section 32 154 of the Commission’s regulations and business; and, (4) correct format and (Transporter’s Use Gas Adjustment) of Section 12.5 of the General Terms and typographical errors contained on the General Terms and Conditions in its Conditions of its tariff, it is filing several pages. FERC Gas Tariff, Original Volume No. 1. Twelfth Revised Sheet No. 4A and

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supporting work paper as part of its Kern River states that the purpose of the Federal Power Act seeking annual Transportation Cost Rate this filing is (1) to revise Kern River’s authorization to issue and sell up to Adjustment filing to reflect changes in tariff to reflect its new address and $455 million principal amount of bonds, Account No. 858 costs for the twelve phone numbers, (2) to update Kern notes, debentures, guarantees or other month period commencing November 1, River’s system map to reflect the evidence of long-term indebtedness. 2003. facilities added in its 2003 expansion MidAmerican also requests a waiver Iroquois states that copies of its filing project, and (3) to propose other from the Commission’s competitive were served on all jurisdictional miscellaneous modifications. bidding and negotiated placement customers and interested state Kern River states that it has served a requirements at 18 CFR 34.2. commissions. copy of this filing upon its customers Any person desiring to intervene or to Any person desiring to be heard or to and interested state regulatory protest this filing should file with the protest said filing should file a motion commissions. Federal Energy Regulatory Commission, to intervene or a protest with the Any person desiring to be heard or to 888 First Street, NE., Washington, DC Federal Energy Regulatory Commission, protest said filing should file a motion 20426, in accordance with Rules 211 888 First Street, NE., Washington, DC to intervene or a protest with the and 214 of the Commission’s Rules of 20426, in accordance with § 385.214 or Federal Energy Regulatory Commission, Practice and Procedure (18 CFR 385.211 385.211 of the Commission’s Rules and 888 First Street, NE., Washington, DC and 385.214). Protests will be Regulations. All such motions or 20426, in accordance with Sections considered by the Commission in protests must be filed in accordance 385.214 or 385.211 of the Commission’s determining the appropriate action to be with § 154.210 of the Commission’s Rules and Regulations. All such motions taken, but will not serve to make Regulations. Protests will be considered or protests must be filed in accordance protestants parties to the proceeding. by the Commission in determining the with Section 154.210 of the Any person wishing to become a party appropriate action to be taken, but will Commission’s Regulations. Protests will must file a motion to intervene. All such not serve to make protestants parties to be considered by the Commission in motions or protests should be filed on the proceedings. Any person wishing to determining the appropriate action to be or before the comment date, and, to the become a party must file a motion to taken, but will not serve to make extent applicable, must be served on the intervene. This filing is available for protestants parties to the proceedings. applicant and on any other person review at the Commission in the Public Any person wishing to become a party designated on the official service list. Reference Room or may be viewed on must file a motion to intervene. This This filing is available for review at the the Commission’s Web site at http:// filing is available for review at the Commission or may be viewed on the www.ferc.gov using the ‘‘eLibrary’’. Commission in the Public Reference Commission’s Web site at http:// Enter the docket number excluding the Room or may be viewed on the www.ferc.gov, using the eLibrary last three digits in the docket number Commission’s Web site at http:// (FERRIS) link. Enter the docket number field to access the document. For www.ferc.gov using the ‘‘eLibrary’’. excluding the last three digits in the assistance, please contact FERC Online Enter the docket number excluding the docket number field to access the Support at last three digits in the docket number document. For assistance, please contact [email protected] or toll- field to access the document. For FERC Online Support at free at (866) 208–3676, or TTY, contact assistance, please contact FERC Online [email protected] or toll- (202) 502–8659. The Commission Support at free at (866) 208–3676, or for TTY, strongly encourages electronic filings. [email protected] or toll- contact (202) 502–8659. Protests and See 18 CFR 385.2001(a)(1)(iii) and the free at (866) 208–3676, or TTY, contact interventions may be filed electronically instructions on the Commission’s Web (202) 502–8659. The Commission via the Internet in lieu of paper; see 18 site under the ‘‘e-Filing’’ link. strongly encourages electronic filings. CFR 385.2001(a)(1)(iii) and the Intervention and Protest Date: October See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission’s Web 14, 2003. instructions on the Commission’s web site under the ‘‘e-Filing’’ link. The site under the ‘‘e-Filing’’ link. Commission strongly encourages Magalie R. Salas, Intervention and Protest Date: October electronic filings. Secretary. 14, 2003. Comment Date: October 27, 2003. [FR Doc. E3–00052 Filed 10–15–03; 8:45 am] BILLING CODE 6717–01–P Magalie R. Salas, Magalie R. Salas, Secretary. Secretary. [FR Doc. E3–00056 Filed 10–15–03; 8:45 am] [FR Doc. E3–00044 Filed 10–15–03; 8:45 am] DEPARTMENT OF ENERGY BILLING CODE 6717–01–P BILLING CODE 6717–01–P Federal Energy Regulatory Commission DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY [Docket No. RP04–4–000] Federal Energy Regulatory Federal Energy Regulatory Kern River Gas Transmission Commission Commission Company: Notice of Tariff Filing [Docket No. ES03–60–000] [Docket No. RP04–5–000]

October 8, 2003. MidAmerican Energy Company; Notice National Fuel Gas Supply Corporation; Take notice that on October 1, 2003, of Application Notice of Tariff Filing Kern River Gas Transmission Company (Kern River) tendered for filing as part October 8, 2003. October 8, 2003. of its FERC Gas Tariff, Second Revised Take notice that on September 30, Take notice that on October 1, 2003, Volume No. 1, the tariff sheets listed on 2003, MidAmerican Energy Company National Fuel Gas Supply Corporation Appendix A to the filing, to be effective (MidAmerican) submitted an (National Fuel) tendered for filing as November 1, 2003. application pursuant to section 204 of part of its FERC Gas Tariff, Fourth

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Revised Volume No. 1, the tariff sheets DEPARTMENT OF ENERGY Comment Date: October 14, 2003. listed in Appendix A to its filing. The Magalie R. Salas, tariff sheets have a proposed effective Federal Energy Regulatory Secretary. date of November 1, 2003. Commission [FR Doc. E3–00061 Filed 10–15–03; 8:45 am] National Fuel states the purpose of BILLING CODE 6717–01–P the instant filing is to reflect the [Docket No. RP04–18–000] relocation of its principal office by Natural Gas Pipeline Company of replacing each reference to National DEPARTMENT OF ENERGY America; Notice of Proposed Changes Fuel’s current address with a reference in FERC Gas Tariff to its new address. Federal Energy Regulatory Commission National Fuel’s states that its filing October 8, 2003. indicates that copies of this filing were Take notice that on October 1, 2003, [Docket No. ES03–59–001] served upon its customers and Natural Gas Pipeline Company of interested state commissions. NRG Energy, Inc.; Notice of America (Natural) tendered for filing to Application Any person desiring to be heard or to become part of its FERC Gas Tariff, protest said filing should file a motion Sixth Revised Volume No. 1, Sixth October 8, 2003. to intervene or a protest with the Revised Sheet No. 414, to be effective Take notice that on October 7, 2003, Federal Energy Regulatory Commission, October 1, 2003. NRG Energy, Inc. submitted a filing in 888 First Street, NE., Washington, DC Natural states that the purpose of this response to a deficiency letter issued on 20426, in accordance with Sections filing is to update its list of non- October 2, 2003, by the Director of the 385.214 or 385.211 of the Commission’s conforming agreements. Natural states Division of Tariffs and Market Rules and Regulations. All such motions that it also tendered for filing copies of Development-Central, in the above- or protests must be filed in accordance the Firm Transportation Rate Discount referenced docket. with Section 154.210 of the Agreement with The Board of Trustees Any person desiring to intervene or to Commission’s Regulations. Protests will of University of Illinois. Natural further protest this filing should file with the be considered by the Commission in states that copies of the filing are being Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC determining the appropriate action to be mailed to its customers and interested 20426, in accordance with Rules 211 taken, but will not serve to make state commissions. and 214 of the Commission’s Rules of protestants parties to the proceedings. Any person desiring to intervene or to Practice and Procedure (18 CFR 385.211 Any person wishing to become a party protest this filing should file with the and 385.214). Protests will be must file a motion to intervene. This Federal Energy Regulatory Commission, considered by the Commission in filing is available for review at the 888 First Street, NE., Washington, DC determining the appropriate action to be Commission in the Public Reference 20426, in accordance with Rules 211 taken, but will not serve to make Room or may be viewed on the and 214 of the Commission’s Rules of protestants parties to the proceeding. Commission’s Web site at http:// Practice and Procedure (18 CFR 385.211 Any person wishing to become a party www.ferc.gov using the ‘‘eLibrary’’. and 385.214). Protests will be must file a motion to intervene. All such Enter the docket number excluding the considered by the Commission in motions or protests should be filed on last three digits in the docket number determining the appropriate action to be or before the comment date, and, to the field to access the document. For taken, but will not serve to make extent applicable, must be served on the assistance, please contact FERC Online protestants parties to the proceeding. applicant and on any other person Support at Any person wishing to become a party designated on the official service list. [email protected] or toll- must file a motion to intervene. All such This filing is available for review at the free at (866) 208–3676, or TTY, contact motions or protests should be filed on Commission or may be viewed on the (202) 502–8659. The Commission or before the comment date, and, to the Commission’s Web site at http:// strongly encourages electronic filings. extent applicable, must be served on the www.ferc.gov, using the eLibrary applicant and on any other person See, 18 CFR 385.2001(a)(1)(iii) and the (FERRIS) link. Enter the docket number designated on the official service list. instructions on the Commission’s web excluding the last three digits in the This filing is available for review at the site under the ‘‘e-Filing’’ link. docket number field to access the Commission or may be viewed on the document. For assistance, please contact Intervention and Protest Date: October Commission’s Web site at http:// FERC Online Support at 14, 2003. www.ferc.gov, using the eLibrary [email protected] or toll- (FERRIS) link. Enter the docket number Magalie R. Salas, free at (866) 208–3676, or for TTY, excluding the last three digits in the contact (202) 502–8659. Protests and Secretary. docket number field to access the interventions may be filed electronically [FR Doc. E3–00063 Filed 10–15–03; 8:45 am] document. For assistance, please contact via the Internet in lieu of paper; see 18 BILLING CODE 6717–01–P FERC Online Support at CFR 385.2001(a)(1)(iii) and the [email protected] or toll- instructions on the Commission’s web free at (866) 208–3676, or for TTY, site under the ‘‘e-Filing’’ link. The contact (202) 502–8659. Protests and Commission strongly encourages interventions may be filed electronically electronic filings. via the Internet in lieu of paper; see 18 Comment Date: October 17, 2003. CFR 385.2001(a)(1)(iii) and the instructions on the Commission’s Web Magalie R. Salas, site under the ‘‘e-Filing’’ link. The Secretary. Commission strongly encourages [FR Doc. E3–00045 Filed 10–15–03; 8:45 am] electronic filings. BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY last three digits in the docket number taken, but will not serve to make field to access the document. For protestants parties to the proceedings. Federal Energy Regulatory assistance, please contact FERC Online Any person wishing to become a party Commission Support at must file a motion to intervene. This [Docket No. RP04–9–000] [email protected] or toll- filing is available for review at the free at (866) 208–3676, or TTY, contact Commission in the Public Reference Panhandle Eastern Pipe Line (202) 502–8659. The Commission Room or may be viewed on the Company, LCC; Notice of Proposed strongly encourages electronic filings. Commission’s Web site at http:// Changes in Ferc Gas Tariff See, 18 CFR 385.2001(a)(1)(iii) and the www.ferc.gov using the ‘‘eLibrary’’. instructions on the Commission’s web Enter the docket number excluding the October 8, 2003. site under the ‘‘e-Filing’’ link. last three digits in the docket number Take notice that on October 1, 2003, Intervention and Protest Date: October field to access the document. For Panhandle Eastern Pipe Line Company, 14, 2003. assistance, please contact FERC Online LLC (Panhandle) tendered for filing as Support at Magalie R. Salas, part of its FERC Gas Tariff, Second [email protected] or toll- Revised Volume No. 1, the tariff sheets Secretary. free at (866) 208–3676, or TTY, contact listed on Appendix A attached to the [FR Doc. E3–00043 Filed 10–15–03; 8:45 am] (202) 502–8659. The Commission filing, to become effective November 1, BILLING CODE 6717–01–P strongly encourages electronic filings. 2003. See, 18 CFR 385.2001(a)(1)(iii) and the Panhandle states that this filing is instructions on the Commission’s web made in accordance with Section 24 DEPARTMENT OF ENERGY site under the ‘‘e-Filing’’ link. (Fuel Reimbursement Adjustment) of Federal Energy Regulatory Intervention and Protest Date: October the General Terms and Conditions in 14, 2003. Panhandle’s FERC Gas Tariff, Second Commission Revised Volume No. 1. Panhandle also [Docket No. RP04–10–000] Magalie R. Salas, states that the revised tariff sheets filed Secretary. herewith reflect the following changes Southwest Gas Storage Company; [FR Doc. E3–00058 Filed 10–15–03; 8:45 am] to Fuel Reimbursement Percentages: Notice of Proposed Changes in FERC BILLING CODE 6717–01–P (1) A 0.18% increase in the Gathering Gas Tariff Fuel Reimbursement Percentage; (2) A 0.19% increase in the Field October 8, 2003. DEPARTMENT OF ENERGY Zone Fuel Reimbursement Percentage; Take notice that on October 1, 2003, (3) A 0.07% increase in the Market Southwest Gas Storage Company Federal Energy Regulatory Zone Fuel Reimbursement Percentage; (Southwest) tendered for filing as part of Commission its FERC Gas Tariff, First Revised (4) A 0.12% decrease in the Injection [Docket No. RP04–3–000] and a 0.12% decrease in the Withdrawal Volume No. 1, Ninth Revised Sheet No. Field Area Storage Reimbursement 5, proposed to become effective Tennessee Gas Pipeline Company; Percentages; and November 1, 2003. Notice of Tariff Filing (5) A 0.12% decrease in the Injection Southwest states that this filing is and a 0.12% decrease in the Withdrawal made in accordance with Section 16 October 8, 2003. Market Area Storage Reimbursement (Fuel Reimbursement Adjustment) of Take notice that on October 1, 2003, Percentages. the General Terms and Conditions in Tennessee Gas Pipeline Company Panhandle further states that copies of Southwest’s FERC Gas Tariff, First (Tennessee), tendered for filing as part this filing are being served on all Revised Volume No. 1. Southwest also of its FERC Gas Tariff., Fifth Revised affected customers and applicable state states that the Fuel Reimbursement Volume No. 1, Third Revised Sheet No. regulatory agencies. Adjustment filed herewith reflects the 405 E with an effective date of Any person desiring to be heard or to following Fuel Reimbursement November 1, 2003. protest said filing should file a motion Percentages: Tennessee states that the filing is to intervene or a protest with the (1) West Area Storage Facilities being made in order to provide more Federal Energy Regulatory Commission, Injection 1.17% and Withdrawal 0.35%; flexibility to its current firm storage 888 First Street, NE., Washington, DC (2) East Area Storage Facilities service, by primarily modifying the 20426, in accordance with Sections Injection 2.61% and Withdrawal 1.10%. timeframe within which storage service 385.214 or 385.211 of the Commission’s Southwest further states copies of this can be sold. Rules and Regulations. All such motions filing are being served on all affected Tennessee states that it also proposes or protests must be filed in accordance customers and applicable state to adopt a timeline in order to provide with Section 154.210 of the regulatory agencies. clarity on the requirements and timing Commission’s Regulations. Protests will Any person desiring to be heard or to for the future sales of capacity. be considered by the Commission in protest said filing should file a motion Any person desiring to be heard or to determining the appropriate action to be to intervene or a protest with the protest said filing should file a motion taken, but will not serve to make Federal Energy Regulatory Commission, to intervene or a protest with the protestants parties to the proceedings. 888 First Street, NE., Washington, DC Federal Energy Regulatory Commission, Any person wishing to become a party 20426, in accordance with Sections 888 First Street, NE., Washington, DC must file a motion to intervene. This 385.214 or 385.211 of the Commission’s 20426, in accordance with Sections filing is available for review at the Rules and Regulations. All such motions 385.214 or 385.211 of the Commission’s Commission in the Public Reference or protests must be filed in accordance Rules and Regulations. All such motions Room or may be viewed on the with Section 154.210 of the or protests must be filed in accordance Commission’s Web site at http:// Commission’s Regulations. Protests will with Section 154.210 of the www.ferc.gov using the ‘‘eLibrary’’. be considered by the Commission in Commission’s Regulations. Protests will Enter the docket number excluding the determining the appropriate action to be be considered by the Commission in

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determining the appropriate action to be 385.211 of the Commission’s Rules and .32% for Zone 1–2, .2% to Zone 1–1 and taken, but will not serve to make Regulations. All such motions or .12% to Zone 2–2. Viking states that its protestants parties to the proceedings. protests must be filed in accordance proposal will provide greater fuel cost Any person wishing to become a party with § 154.210 of the Commission’s certainty and less volatility. must file a motion to intervene. This Regulations. Protests will be considered Viking states that copies of this filing filing is available for review at the by the Commission in determining the have been sent to all of Viking’s Commission in the Public Reference appropriate action to be taken, but will contracted shippers and interested state Room or may be viewed on the not serve to make protestants parties to regulatory commissions. Commission’s Web site at http:// the proceedings. Any person wishing to Any person desiring to be heard or to www.ferc.gov using the ‘‘eLibrary’’. become a party must file a motion to protest said filing should file a motion Enter the docket number excluding the intervene. This filing is available for to intervene or a protest with the last three digits in the docket number review at the Commission in the Public Federal Energy Regulatory Commission, field to access the document. For Reference Room or may be viewed on 888 First Street, NE., Washington, DC assistance, please contact FERC Online the Commission’s Web site at http:// 20426, in accordance with § 385.214 or Support at www.ferc.gov using the ‘‘eLibrary’’. 385.211 of the Commission’s Rules and [email protected] or toll- Enter the docket number excluding the Regulations. All such motions or free at (866) 208–3676, or TTY, contact last three digits in the docket number protests must be filed in accordance (202) 502–8659. The Commission field to access the document. For with § 154.210 of the Commission’s strongly encourages electronic filings. assistance, please contact FERC Online Regulations. Protests will be considered See, 18 CFR 385.2001(a)(1)(iii) and the Support at by the Commission in determining the instructions on the Commission’s web [email protected] or toll- appropriate action to be taken, but will site under the ‘‘e-Filing’’ link. free at (866) 208–3676, or TTY, contact not serve to make protestants parties to Intervention and Protest Date: October (202) 502–8659. The Commission the proceedings. Any person wishing to 14, 2003. strongly encourages electronic filings. become a party must file a motion to See 18 CFR 385.2001(a)(1)(iii) and the intervene. This filing is available for Magalie R. Salas, instructions on the Commission’s Web review at the Commission in the Public Secretary. site under the ‘‘e-Filing’’ link. Reference Room or may be viewed on [FR Doc. E3–00062 Filed 10–15–03; 8:45 am] Intervention and Protest Date: October the Commission’s Web site at http:// BILLING CODE 6717–01–P 14, 2003. www.ferc.gov using the ‘‘eLibrary’’. Magalie R. Salas, Enter the docket number excluding the Secretary. last three digits in the docket number DEPARTMENT OF ENERGY field to access the document. For [FR Doc. E3–00053 Filed 10–15–03; 8:45 am] assistance, please contact FERC Online Federal Energy Regulatory BILLING CODE 6717–01–P Commission Support at [email protected] or toll- [Docket No. RP03–630–000] DEPARTMENT OF ENERGY free at (866) 208–3676, or TTY, contact (202) 502–8659. The Commission Viking Gas Transmission Company; Federal Energy Regulatory strongly encourages electronic filings. Notice of Proposed Changes in FERC Commission See 18 CFR 385.2001(a)(1)(iii) and the Gas Tariff instructions on the Commission’s web [Docket No. RP03–631–000] October 8, 2003. site under the ‘‘e-Filing’’ link. Take notice that on September 30, Viking Gas Transmission Company; Intervention and Protest Date: October 2003, Viking Gas Transmission Notice of Proposed Changes in FERC 14, 2003. Company (Viking) tendered for filing to Gas Tariff Magalie R. Salas, become part of its FERC Gas Tariff, First Secretary. Revised Volume No. 1, the tariff sheets October 8, 2003. Take notice that on September 29, [FR Doc. E3–00054 Filed 10–15–03; 8:45 am] attached to the filing, to become BILLING CODE 6717–01–P effective on November 1, 2003. 2003, Viking Gas Transmission Viking states that the purpose of this Company (Viking) tendered for filing to become part of its FERC Gas Tariff, First filing is to revise Viking’s Rate Schedule DEPARTMENT OF ENERGY PAL by adding service options, allow Revised Volume No. 1, the following park and loan transactions to be tariff sheets to become effective on Federal Energy Regulatory electronically contracted and to make November 1, 2003: Commission corresponding changes in Viking’s Fifth Revised Sheet No. 5H [Docket No. RP03–633–000] General Terms and Conditions and form Second Revised Sheet No. 87.01 Second Revised Sheet No. 87A of Agreement related to implementing Williston Basin Interstate Pipeline new service options under Rate Viking states that the purpose of its Company; Notice of Annual Report Schedule PAL. filing is to modify Section 26 of the Viking states that copies of this filing General Terms and Conditions of its October 8, 2003. have been sent to all of Viking’s FERC Gas Tariff to implement a twice a Take notice that on September 30, contracted shippers and interested state year change to its fuel and loss retention 2003, Williston Basin Interstate Pipeline regulatory commissions. percentage (FLRP) to become effective Company (Williston Basin), tendered for Any person desiring to be heard or to April 1 and November 1 of each year. filing as part of its FERC Gas Tariff, protest said filing should file a motion Furthermore, Viking proposes to Second Revised Volume No. 1 Fourth to intervene or a protest with the establish an FLRP of 2.58% for Zone 1– Revised Sheet No. 358I, with an Federal Energy Regulatory Commission, 2, .2.17% for Zone 1–1 and .46% for effective date of September 30, 2003. 888 First Street, NE., Washington, DC Zone 2–2 to become effective November Williston Basin states that as of July 20426, in accordance with § 385.214 or 1, 2003. This represents decreases of 31, 2003 it had a zero balance in FERC

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Account No. 191. As a result, Williston facilities by Discovery Gas Parish Louisiana. The interconnect Basin will neither refund nor bill its Transmission, LLC (Discovery) in construction would require exposing former sales customers for any amounts LaFourche and Terrebone Parishes, and lifting 1000 feet of the existing 40E under the conditions of Subsection No. Louisiana.1 These facilities would pipeline. 39.3.1 of its Tariff. consist of construction of about 2.6 • Installation of a new 40-foot by 40- Any person desiring to be heard or to miles of various diameter pipeline, an foot meter platform at the 40E pipeline protest said filing should file a motion interconnection facility, related near Point Au Chien, in Terrebone to intervene or a protest with the metering and pressure regulation Parish Louisiana. Federal Energy Regulatory Commission, facilities and the purchase of • Installation of approximately 2.1 888 First Street, NE., Washington, DC approximately 32 miles of existing miles of 20-inch diameter pipeline 20426, in accordance with Sections pipeline from DPH, Inc and Discovery running from the 40E pipeline to a new 385.214 or 385.211 of the Commission’s Producer Services, LLC (DPS). This EA 40-foot by 40-foot platform near Isle de Rules and Regulations. All such motions will be used by the Commission in its Jean Charles to connect with the or protests must be filed in accordance existing Columbia Gulf Pipeline. decision-making process to determine • with Section 154.210 of the whether the project is in the public Installation of 1840 feet of new 20- Commission’s Regulations. Protests will convenience and necessity. inch pipeline near Larose, in Lafourche Parish Louisiana. be considered by the Commission in If you are a landowner receiving this • determining the appropriate action to be notice, you may be contacted by a Construction of a new meter station taken, but will not serve to make pipeline company representative about near Thibodaux, in LaFourche Parish protestants parties to the proceedings. the acquisition of an easement to Louisiana along with 150 feet of Any person wishing to become a party construct, operate, and maintain the interconnection pipeline to deliver to must file a motion to intervene. This proposed facilities. The pipeline the Transcontinental Gas Pipe Line Corporation’s system. filing is available for review at the company would seek to negotiate a • Discovery also proposes to abandon Commission in the Public Reference mutually acceptable agreement. approximately 8.8 miles of currently Room or may be viewed on the However, if the project is approved by decommissioned 20-inch diameter 40E Commission’s Web site at http:// the Commission, that approval conveys pipeline from the current Old Lady Lake www.ferc.gov using the ‘‘eLibrary’’. with it the right of eminent domain. Platform south to the Lake Barre Enter the docket number excluding the Therefore, if easement negotiations fail platform in the Caillou Island Field. A last three digits in the docket number to produce an agreement, the pipeline 20-inch diameter weld cap could be field to access the document. For company could initiate condemnation installed after the introduction of a assistance, please contact FERC Online proceedings in accordance with state nitrogen gas blanket in the line. Support at law. The general location of the project [email protected] or toll- A fact sheet prepared by the FERC facilities is shown in appendix 1.2 If you free at (866) 208–3676, or TTY, contact entitled ‘‘An Interstate Natural Gas are interested in obtaining detailed (202) 502–8659. The Commission Facility On My Land? What Do I Need maps of a specific portion of the project, strongly encourages electronic filings. To Know?’’ was attached to the project send in your request using the form in See, 18 CFR 385.2001(a)(1)(iii) and the notice Discovery provided to appendix 3. instructions on the Commission’s web landowners. This fact sheet addresses a site under the ‘‘e-Filing’’ link. number of typically asked questions, Land Requirements for Construction Intervention and Protest Date: October including the use of eminent domain Construction of the proposed facilities 14, 2003. and how to participate in the would require about 20.8 acres of land. Commission’s proceedings. It is Magalie R. Salas, Following construction, about 11.2 acres available for viewing on the FERC would be maintained as new Secretary. Internet Web site (http://www.ferc.gov). aboveground facility sites. The [FR Doc. E3–00055 Filed 10–15–03; 8:45 am] Summary of the Proposed Project remaining 9.6 acres of land would be BILLING CODE 6717–01–P restored and allowed to revert to its Discovery proposes to construct, former use. install operate and maintain pipelines DEPARTMENT OF ENERGY and meter stations at four different sites The EA Process in Lafourche and Terrebone Parish, The National Environmental Policy Federal Energy Regulatory Louisiana. Discovery states that it Act (NEPA) requires the Commission to Commission proposes to acquire approximately 31.5 take into account the environmental [Docket No. CP03–342–000] miles of existing pipeline (line 40E) impacts that could result from an action from DPH, Inc., of which 22.8 miles will whenever it considers the issuance of a Discovery Gas Transmission, LLC; be used to provide the necessary Certificate of Public Convenience and Notice of Intent to Prepare An interconnections, acquire approximately Necessity. NEPA also requires us 3 to Environmental Assessment for the 0.4 miles of existing pipeline from DPS, Proposed Market Expansion Project and abandon approximately 8.8 miles of 2 The appendices referenced in this notice are not and Request for Comments on 20-inch pipeline. being printed in the Federal Register. Copies of all Environmental Issues appendices, other than appendix 1 (maps), are Discovery would install the following available on the Commission’s website at the facilities: October 8, 2003. ‘‘eLibrary’’ link or from the Commission’s Public • 735 feet of 20-inch diameter Reference and Files Maintenance Branch, 888 First The staff of the Federal Energy pipeline from the existing 40E pipeline Street, NE., Washington, DC 20426, or call (202) Regulatory Commission (FERC or to the existing Tennessee platform 502–8371. For instructions on connecting to eLibrary refer to the last page of this notice. Copies Commission) will prepare an located in Old Lady Lake in Terrebone environmental assessment (EA) that will of the appendices were sent to all those receiving this notice in the mail. discuss the environmental impacts of 1 Discovery’s application was filed with the 3 ‘‘We’’, ‘‘us’’, and ‘‘our’’ refer to the the Market Expansion Project (Project) Commission under Section 7 of the Natural Gas Act environmental staff of the Office of Energy Projects involving construction and operation of and Part 157 of the Commission’s regulations. (OEP).

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discover and address concerns the measures to avoid or lessen intervenors have the right to seek public may have about proposals. This environmental impact. The more rehearing of the Commission’s decision. process is referred to as ‘‘scoping’’. The specific your comments, the more useful Affected landowners and parties with main goal of the scoping process is to they will be. Please carefully follow environmental concerns may be granted focus the analysis in the EA on the these instructions to ensure that your intervenor status upon showing good important environmental issues. By this comments are received in time and cause by stating that they have a clear Notice of Intent, the Commission properly recorded: and direct interest in this proceeding requests public comments on the scope • Send an original and two copies of which would not be adequately of the issues it will address in the EA. your letter to: Magalie R. Salas, represented by any other parties. You do All comments received are considered Secretary, Federal Energy Regulatory during the preparation of the EA. State Commission, 888 First St., NE., Room not need intervenor status to have your and local government representatives 1A, Washington, DC 20426. environmental comments considered. are encouraged to notify their • Label one copy of the comments for Environmental Mailing List constituents of this proposed action and the attention of Gas Branch 3. encourage them to comment on their • Reference Docket No. CP03–342– This notice is being sent to areas of concern. 000. individuals, organizations, and The EA will discuss impacts that • Mail your comments so that they government entities interested in and/or could occur as a result of the will be received in Washington, DC on potentially affected by the proposed construction and operation of the or before November 10, 2003. project. It is also being sent to all proposed project under these general Please note that we are continuing to identified potential right-of-way headings: experience delays in mail deliveries grantors. By this notice we are also • geology and soils from the U.S. Postal Service. As a result, asking governmental agencies, • land use we will include all comments that we especially those in appendix 3, to • water resources, fisheries, and receive within a reasonable time frame express their interest in becoming wetlands in our environmental analysis of this cooperating agencies for the preparation • cultural resources project. However, the Commission of the EA. • vegetation and wildlife strongly encourages electronic filing of • air quality and noise any comments or interventions or Additional Information • endangered and threatened species • protests to this proceeding. See 18 CFR Additional information about the hazardous waste 385.2001(a)(1)(iii) and the instructions • public safety project is available from the on the Commission’s Web site at Commission’s Office of External Affairs, We will also evaluate possible http://www.ferc.gov under the ‘‘e- at 1–866–208–FERC or on the FERC alternatives to the proposed project or Filing’’ link and the link to the User’s Internet Web site (http://www.ferc.gov) portions of the project, and make Guide. Before you can file comments using the eLibrary link. Click on the recommendations on how to lessen or you will need to create a free account eLibrary link, click on ‘‘General Search’’ avoid impacts on the various resource which can be created on-line. and enter the docket number excluding areas. We may mail the EA for comment. If the last three digits in the Docket Our independent analysis of the you are interested in receiving it, please issues will be in the EA. Depending on return the Information Request Number field. Be sure you have selected the comments received during the (appendix 4). If you do not return the an appropriate date range. For scoping process, the EA may be Information Request, you will be taken assistance, please contact 1–866–208– published and mailed to Federal, state, off the mailing list. 3676, TTY (202) 502–8659, or at and local agencies, public interest [email protected]. The groups, interested individuals, affected Becoming an Intervenor eLibrary link on the FERC Internet landowners, newspapers, libraries, and In addition to involvement in the EA website also provides access to the texts the Commission’s official service list for scoping process, you may want to of formal documents issued by the this proceeding. A comment period will become an official party to the Commission, such as orders, notices, be allotted for review if the EA is proceeding known as an ‘‘intervenor’’. and rulemakings. published. We will consider all Intervenors play a more formal role in In addition, the Commission now comments on the EA before we make the process. Among other things, offers a free service called eSubscription our recommendations to the intervenors have the right to receive which allows you too keep track of all Commission. copies of case-related Commission To ensure your comments are formal issuances and submittals in documents and filings by other specific dockets. This can reduce the considered, please carefully follow the intervenors. Likewise, each intervenor amount of time you spend researching instructions in the public participation must provide 14 copies of its filings to proceedings by automatically providing section below. the Secretary of the Commission and you with notification of these filings, Public Participation must send a copy of its filings to all other parties on the Commission’s document summaries and direct links to You can make a difference by service list for this proceeding. If you the documents. Go to http:// providing us with your specific want to become an intervenor you must www.ferc.gov/esubscribenow.htm. comments or concerns about the project. file a motion to intervene according to By becoming a commentor, your Magalie R. Salas, Rule 214 of the Commission’s Rules of Secretary. concerns will be addressed in the EA Practice and Procedure (18 CFR [FR Doc. E3–00065 Filed 10–15–03; 8:45 am] and considered by the Commission. You 385.214) (see appendix 2).4 Only should focus on the potential BILLING CODE 6717–01–P environmental effects of the proposal, 4 Interventions may also be filed electronically via alternatives to the proposal (including the Internet in lieu of paper. See the previous alternative locations/routes), and discussion on filing comments electronically.

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DEPARTMENT OF ENERGY • installation of additional include our independent analysis of the compression at the existing Manning identified issues. Federal Energy Regulatory Compressor Station in Dunn County, Depending on the comments received Commission North Dakota. during the scoping process, the EA may Construction and operation of the be published and mailed to Federal, [Docket No. PF03–3–000] planned compressor stations would state, and local agencies, public interest require a total of about 30 acres. groups, interested individuals, affected Williston Basin Interstate Pipeline Construction at the existing Manning landowners, newspapers, libraries, and Company; Notice of Intent To Prepare Compressor Station would occur on the the Commission’s official service list for an Environmental Assessment for the existing site. A general location map of this proceeding. A comment period will Proposed Grasslands Expansion the project facilities is shown in be allotted for review if the EA is Project and Request for Comments on Appendix 1.2 published. We will consider all timely Environmental Issues Williston Basin also plans to comments on the EA before we make October 8, 2003. construct additional facilities in Fallon our recommendations to the Commission. The Federal Energy Regulatory County, Montana that are associated Although Williston Basin has not Commission’s (FERC or Commission) with the Grasslands Expansion Project, filed a formal certificate application yet, staff will prepare an environmental but are not under the jurisdiction of the we are initiating our review under the assessment (EA) on Williston Basin Commission. These non-jurisdictional NEPA Pre-filing Process. The purpose of Interstate Pipeline Company’s (Williston facilities, which include a supply the FERC’s NEPA Pre-filing Process is Basin) proposed Grasslands Expansion lateral, gathering lines, and well field to: (1) Establish a framework for Project in Wyoming, Montana, and compression, would help alleviate constructive discussion between the North Dakota. This notice announces transmission constraints and provide project proponents, potentially affected the opening of the scoping process we1 needed capacity for future production landowners, agencies, and the will use to gather input from the public increases out of the Baker Production Commission staff; (2) encourage the and interested agencies on the project. Area. early involvement of interested Your input will help us determine Williston Basin plans to construct this stakeholders to identify issues and which issues need to be addressed in project in 2004, with the goal of placing study needs; and (3) attempt to resolve the EA. Details on how to submit it in-service by November 1, 2004, if the issues early, before an application is written comments are provided in the project is fully subscribed by the time they make application with the filed with the FERC. public participation section of this A docket number (PF03–3–000) has notice. Please note that the scoping Commission (tentatively November 1, 2003). If not fully subscribed at the time been established to place information period will close on November 24, 2003. filed by Williston Basin, and related We are sending this notice to of application, Williston Basin has stated that they may propose to phase documents issued by the Commission, potentially-affected landowners whose in the public record.3 When Williston properties are within an approximate 1- its construction schedule of the various facilities over more than 1 year. Basin files an application, it will be mile radius of the project locations; assigned a ‘‘CP docket’’ number, and all Federal, state, and local government The EA Process information filed under Docket No. agencies; elected officials; The Commission will be the lead PF03–3–000 will become part of the environmental and public interest record for the ‘‘CP docket.’’ groups; Native American tribes; and Federal agency for this EA process which is being conducted to satisfy the With this notice, we are asking other local libraries and newspapers. We are Federal, state, local, and tribal agencies asking state and local government requirements of the National Environmental Policy Act (NEPA). The with jurisdiction and/or special representatives to notify their expertise with respect to the constituents of this planned action and Commission will use the EA to consider the environmental impacts that could environmental issues to formally encourage them to comment on their cooperate with us in the preparation of areas of concern. result if it issues Williston Basin a Certificate of Public Convenience and the EA. These agencies may choose to Summary of the Proposed Project Necessity for its proposed project. participate once they have evaluated the proposal relative to their Williston Basin states that the This notice formally announces our preparation of the EA and the beginning responsibilities. Agencies, which would Grasslands Expansion Project would like to request cooperating status, allow transportation of an additional of the process referred to as ‘‘scoping.’’ We are soliciting input from the public should follow the instructions for filing 120 million cubic feet per day (mmcf/ comments described later in this notice. d) to the Northern Border Pipeline on and interested agencies to help us focus the analysis in the EA on the potentially If you are an affected property owner the Grasslands Pipeline. This would receiving this letter, a Williston Basin increase the capacity of the Grasslands significant environmental issues related to the proposed action. All comments representative may contact you about Pipeline to 200 mmcf/d. The Grasslands the acquisition of an easement to Pipeline (Docket Nos. CP02–37–000, received will be considered during the preparation of the EA which will construct, operate, and maintain the 002, and 003) was originally designed to planned facilities. You may have transport 80 mmcf/d. already been contacted by Williston 2 The project facilities include: The appendices referenced in this notice are not Basin about the Grasslands Expansion • construction of up to three new being printed in the Federal Register. Copies of all appendices are available on the Commission’s Web Project, or may have attended the open compressor stations; one each in site (http://www.ferc.gov) at the ‘‘eLibrary’’ link or houses sponsored by Williston Basin in Campbell County, Wyoming; Carter from the Commission’s Public Reference and Files early August 2003. A fact sheet has been County, Montana; and Golden Valley Maintenance Branch, 888 First Street, NE., prepared by the FERC entitled ‘‘An County, North Dakota; and Washington, DC 20426, or call at (202) 502–8371. For instructions on connecting to eLibrary refer to the last page of this notice. Copies of the 3 To view information in the docket, follow the 1 ‘‘We’’, ‘‘us’’ and ‘‘our’’, refer to the appendices were sent to all those receiving this instructions for using the eLibrary link at the end environmental staff of the Office of Energy Projects. notice in the mail. of this notice.

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Interstate Natural Gas Facility On My of formal documents issued by the f. Location: On the Deadwood River, Land? What Do I Need To Know?’’ This Commission, such as orders, notices, in Valley County, Idaho, utilizing the fact sheet addresses a number of and rulemakings. Deadwood Dam which is administered typically asked questions, including the In addition, the Commission now by the U.S. Bureau of Reclamation. use of eminent domain and how to offers a free service called eSubscription g. Filed Pursuant to: Federal Power participate in the Commission’s which allows you to keep track of all Act, 16 U.S.C. 791(a)–825(r). proceedings. It is available for viewing formal issuances and submittals in h. Applicant Contact: Mr. Brent on the FERC Internet Web site specific dockets. This can reduce the Smith, Deadwood Hydro LLC., P.O. Box (http://www.ferc.gov). amount of time you spend researching 535, Rigby, ID 83442, (208) 745–0834. proceedings by automatically providing i. FERC Contact: Robert Bell, (202) Public Participation you with notification of these filings, 502–6062. You can make a difference by document summaries and direct links to j. Deadline for filing comments, providing us with your specific the documents. Go to www.ferc.gov/ protests, and motions to intervene: 60 comments or concerns about the project. esubscribenow.htm. days from the issuance date of this Please focus your comments on the Williston Basin has initiated public notice. potential environmental effects, participation to provide a means of The Commission’s Rules of Practice reasonable alternatives (including communication with participating and Procedure require all interveners alternative locations), and measures to stakeholders and has held three open filing documents with the Commission avoid or lessen environmental impact. houses near the proposed compressor to serve a copy of that document on The more specific your comments, the station locations. To facilitate the each person in the official service list more useful they will be. To ensure that communication effort, it has provided a for the project. Further, if an intervener your comments are timely and properly single point of contact for the files comments or documents with the recorded, please mail your comments so Grasslands Expansion Project in Mr. Commission relating to the merits of an they will be received in Washington, DC Keith Tiggelaar, Director of Regulatory issue that may affect the responsibilities on or before November 24, 2003, and Affairs, at 1–701–530–1560, e-mail of a particular resource agency, they carefully follow these instructions: [email protected]. Additionally, must also serve a copy of the document • Send an original and two copies of Williston Basin will update its on that resource agency. your letter to: Magalie R. Salas, Grasslands Pipeline Web site k. Description of Project: The Secretary, Federal Energy Regulatory (www.grasslandspipeline.com) to proposed project utilizing the U. S. Commission, 888 First St., NE., Room include information on the Grasslands Bureau of Reclamation’s Deadwood 1A, Washington, DC 20426; Expansion Project. If you have any Dam and would consist of: (1) A • Label one copy of the comments for further questions for Williston Basin proposed 300-foot-long, 120-inch- the attention of Gas Branch 1, DG2E; regarding its planned project, we diameter steel penstock, (2) a proposed and powerhouse containing generating unit • encourage you to contact their Reference Docket No. PF03–3–000 representatives to answer your having an installed capacity of 2.6 MW, on the original and both copies. questions and address your concerns. (3) a proposed 10-mile-long, 15 kV The Commission strongly encourages Finally, any public meetings or site transmission line, and (4) appurtenant you to file your comments electronically visits will be posted on the facilities. via the Internet, in lieu of paper. See 18 Commission(s calendar located at http:/ Applicant estimates that the average CFR 385.2001(a)(1)(iii) and the /www.ferc.gov/EventCalendar/ annual generation would be 25 GWh instructions on the Commission’s Web EventsList.aspx along with other related and would be sold to a local utility. site at http://www.ferc.gov under the ‘‘e- information. l. Locations of Applications: A copy of Filing’’ link and the link to the User’s the application is available for Guide. Before you can file comments Magalie R. Salas, inspection and reproduction at the you will need to create a free account by Secretary. Commission in the Public Reference clicking on ‘‘Login to File’’ and then [FR Doc. E3–00051 Filed 10–15–03; 8:45 am] Room, located at 888 First Street, NE., ‘‘New User Account.’’ You will be asked BILLING CODE 6717–01–P Room 2A, Washington DC 20426, or by to select the type of filing you are calling (202) 502–8371. This filing may making. This filing is considered a also be viewed on the Commission’s ‘‘Comment on Filing.’’ DEPARTMENT OF ENERGY Web site at http://www.ferc.gov using the ‘‘eLibrary’’ link. Enter the docket Additional Information Federal Energy Regulatory number excluding the last three digits in Additional information about the Commission the docket number field to access the project is available from the document. For assistance, call toll-free Commission’s Office of External Affairs, Notice of Application Accepted for 1–866–208–3676 or e-mail at 1–866–208–FERC or on the FERC Filing and Soliciting Motions To [email protected]. For TTY, Internet Web site (www.ferc.gov) using Intervene, Protests, and Comments call (202) 502–8659. A copy is also the eLibrary link. Click on the eLibrary October 8, 2003. available for inspection and link, click on ‘‘General Search’’ and Take notice that the following reproduction at the address in item h. enter the docket number excluding the hydroelectric application has been filed above. last three digits in the Docket Number with the Commission and is available m. Individuals desiring to be included field. Be sure you have selected an for public inspection: on the Commission’s mailing list should appropriate date range. For assistance a. Type of Application: Preliminary so indicate by writing to the Secretary with eLibrary, the eLibrary helpline can Permit. of the Commission. be reached at 1–866–208–3676, TTY b. Project No.: 12453–000. n. Competing Preliminary Permit: (202) 502–8659, or at c. Date filed: March 18, 2003. Anyone desiring to file a competing [email protected]. The d. Applicant: Deadwood Hydro LLC. application for preliminary permit for a eLibrary link on the FERC Internet e. Name of Project: Deadwood Dam proposed project must submit the website also provides access to the texts Project. competing application itself, or a notice

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of intent to file such an application, to protests, or motions to intervene must e. Name of Project: Santee-Cooper the Commission on or before the be received on or before the specified Project. specified comment date for the comment date for the particular f. Location: Santee and Cooper Rivers particular application (see 18 CFR 4.36). application. (Lake Marion and Lake Moultrie) in Submission of a timely notice of intent Comments, protests and interventions Berkeley, Calhoun, Clarendon, allows an interested person to file the may be filed electronically via the Orangeburg, and Sumter Counties, competing preliminary permit Internet in lieu of paper; See 18 CFR South Carolina. The project occupies application no later than 30 days after 385.2001(a)(1)(iii) and the instructions federal lands in the Francis Marion the specified comment date for the on the Commission’s web site under ‘‘e- National Forest. The proposed action particular application. A competing filing’’ link. The Commission strongly would involve project lands and waters preliminary permit application must encourages electronic filing. located at Lake Marion. conform with 18 CFR 4.30(b) and 4.36. s. Filing and Service of Responsive g. Filed pursuant to: Federal Power o. Competing Development Documents: Any filings must bear in all Act, 16 U.S.C. 791(a)–825(r) and 799 Application: Any qualified development capital letters the title ‘‘COMMENTS’’, and 801. applicant desiring to file a competing ‘‘RECOMMENDATIONS FOR TERMS h. Applicant Contact: Mr. G. Denton development application must submit to AND CONDITIONS’’, ‘‘PROTEST’’, OR Lindsay, Jr., Santee Cooper Property the Commission, on or before a ‘‘MOTION TO INTERVENE’’, as Management Division, One Riverwood Drive, P.O. Box 2946101, Moncks specified comment date for the applicable, and the Project Number of Corner, SC 29461–4003, (843) 761–8000. particular application, either a the particular application to which the i. FERC Contact: Any questions on competing development application or a filing refers. Any of the above-named notice of intent to file such an this notice should be addressed to Diana documents must be filed by providing Shannon, (202) 502–8887, or e-mail application. Submission of a timely the original and the number of copies notice of intent to file a development address: [email protected]. provided by the Commission’s j. Deadline for filing motions to application allows an interested person regulations to: The Secretary, Federal to file the competing application no intervene, protests, comments: Energy Regulatory Commission, 888 November 10, 2003. later than 120 days after the specified First Street, NE., Washington, DC 20426. comment date for the particular The Commission’s Rules of Practice A copy of any motion to intervene must and Procedure require all interveners application. A competing license also be served upon each representative application must conform with 18 CFR filing a document with the Commission of the Applicant specified in the to serve a copy of that document on 4.30(b) and 4.36. particular application. p. Notice of Intent: A notice of intent each person in the official service list must specify the exact name, business t. Agency Comments: Federal, state, for the project. Further, if an intervener address, and telephone number of the and local agencies are invited to file files comments or documents with the prospective applicant, and must include comments on the described application. Commission relating to the merits of an an unequivocal statement of intent to A copy of the application may be issue that may affect the responsibilities submit, if such an application may be obtained by agencies directly from the of a particular resource agency, they filed, either a preliminary permit Applicant. If an agency does not file must also serve a copy of the documents application or a development comments within the time specified for on that resource agency. application (specify which type of filing comments, it will be presumed to k. Description of Proposed Action: application). A notice of intent must be have no comments. One copy of an The Applicant seeks approval to use served on the applicant(s) named in this agency’s comments must also be sent to project lands and waters at Lake Marion public notice. the Applicant’s representatives. for the Lake Marion Regional Water q. Proposed Scope of Studies under Magalie R. Salas, System Water Supply Project (Water Project). The applicant proposes to Permit: A preliminary permit, if issued, Secretary. does not authorize construction. The construct an intake structure and pump [FR Doc. E3–00047 Filed 10–15–03; 8:45 am] term of the proposed preliminary permit station in Orangeburg County, South would be 36 months. The work BILLING CODE 6717–01–P Carolina. Raw water would be proposed under the preliminary permit withdrawn from Lake Marion and delivered to a proposed water treatment would include economic analysis, DEPARTMENT OF ENERGY preparation of preliminary engineering plant, to be located on non-project lands plans, and a study of environmental Federal Energy Regulatory approximately 1,000 feet from the impacts. Based on the results of these Commission intake. The treatment plant will have an studies, the Applicant would decide initial capacity of 8 million gallons/day whether to proceed with the preparation Notice of Application for Non-Project (MGD) and a maximum of up to 12 of a development application to Use of Project Lands and Waters and MGD. The licensee states that lake construct and operate the project. Soliciting Comments, Motions To inflow is considered adequate to r. Comments, Protests, or Motions to Intervene, and Protests withstand the demand of the water Intervene: Anyone may submit treatment facility. The proposed comments, a protest, or a motion to October 8, 2003. structures (both on project and non- intervene in accordance with the Take notice that the following project lands) will remain the requirements of Rules of Practice and hydroelectric application has been filed applicant’s, therefore, no conveyance of Procedure, 18 CFR 385.210, 385.211, with the Commission and is available project property rights is necessary. The 385.214. In determining the appropriate for public inspection: applicant intends to sell the potable action to take, the Commission will a. Type of Application: Non-Project water to the Lake Marion Water Agency, consider all protests or other comments Use of Project Lands and Waters. which includes the City of Santee, the filed, but only those who file a motion b. Project No.: 199–203. Town of Elloree, the City of Manning, to intervene in accordance with the c. Date Filed: August 11, 2003. the Town of St. George, and the Town Commission’s Rules may become a d. Applicant: South Carolina Public of Holly Hill. The Water Project is party to the proceeding. Any comments, Service Authority. divided into 5 smaller, independent

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projects. The initial project, referred to p. Agency Comments: Federal, state, k. Description of Request: Alabama as the Santee Reach, includes the water and local agencies are invited to file Power Company is requesting treatment facility, elevated tank, and comments on the described application. Commission approval to authorize waterline to provide water to Santee and A copy of the application may be Wedowee Marine to make Orangeburg County. Other projects obtained by agencies directly from the improvements to its marina on Harris (including the Elloree, Holly Hill, St. Applicant. If an agency does not file Lake in Randolph County, Alabama. George and Manning Reaches) will be comments within the time specified for Existing facilities within the project phased in, based upon customer needs filing comments, it will be presumed to boundary include a fueling dock which and funding availability with the last have no comments. One copy of an can accommodate four to six watercraft project anticipated being completed by agency’s comments must also be sent to and a concrete boat ramp. Proposed March 2006. the Applicant’s representative. facilities within the project boundary l. The filing is available for review at include: construction of three covered, Magalie R. Salas, the Commission in the Public Reference floating dock structures that will Room or may be viewed on the Secretary. accommodate 96 watercraft; Commission’s Web site at http:// [FR Doc. E3–00048 Filed 10–15–03; 8:45 am] construction of a dock with six www.ferc.gov/ using the ‘‘eLibrary’’ link. BILLING CODE 6717–01–P handicap-accessible boat slips; Enter the docket number excluding the widening the existing boat ramp to 30- last three digits in the docket number feet; and improvements to the existing field to access the document. For DEPARTMENT OF ENERGY fuel dock structure. assistance, call toll-free 1–866–208– l. Location of the Applications: The 3676 or e-mail Federal Energy Regulatory Commission filings are available for review at the [email protected]. For TTY, Commission in the Public Reference call (202) 502–8659. A copy is also Notice of Application for Non-Project Room, located at 888 First Street, NE, available for inspection and Use of Project Lands and Waters and Room 2A, Washington, DC 20426, or reproduction at the address in item h. may be viewed on the Commission’s m. Individuals desiring to be included Soliciting Comments, Motions To Intervene, and Protests Web site at http://www.ferc.gov using on the Commission’s mailing list should the ‘‘eLibrary’’ link. Enter the docket so indicate by writing to the Secretary October 8, 2003. number excluding the last three digits in of the Commission. Take notice that the following the docket number field to access the n. Comments, Protests, or Motions to application has been filed with the document. For assistance, please call Intervene: Anyone may submit Commission and is available for public comments, a protest, or a motion to the Helpline at (866) 208–3676 or inspection: contact intervene in accordance with the a. Application Type: Non-Project Use requirements of Rules and Practice and [email protected]. For of Project Lands and Waters. TTY, contact (202) 502–8659. Procedure 18 CFR 385.210, 385.211, b. Project No: 2628–052. 385.214. In determining the appropriate m. Individuals desiring to be included c. Date Filed: September 9, 2003. on the Commission’s mailing list should action to take, the Commission will d. Applicant: Alabama Power so indicate by writing to the Secretary consider all protests or other comments Company. of the Commission. filed, but only those who file a motion e. Name of Project: R. L. Harris Dam. to intervene in accordance with the f. Location: The project is located on n. Comments, Protests, or Motions to Commission’s Rules may become a the Tallapoosa River in Clay and Intervene—Anyone may submit party to the proceeding. Any comments, Randolph Counties, Alabama. comments, a protest, or a motion to protests, or motions to intervene must g. Filed Pursuant to: Federal Power intervene in accordance with the be received on or before the specified Act, 16 U.S.C. 791(a)–825(r) and 799 requirements of Rules of Practice and comment date for the particular and 801. Procedure, 18 CFR 385.210, .211, .214. application. h. Applicant Contact: Mr. R. M. In determining the appropriate action to o. Filing and Service of Responsive Akridge, PO Box 2641, Birmingham, AL take, the Commission will consider all Documents: Any filings must bear in all 35291, (205) 257–1398. protests or other comments filed, but capital letters the title ‘‘COMMENTS’’, i. FERC Contacts: Any questions on only those who file a motion to ‘‘RECOMMENDATIONS FOR TERMS this notice should be addressed to Ms. intervene in accordance with the AND CONDITIONS’’, ‘‘PROTEST’’, or Shana High at (202) 502–8674, or e-mail Commission’s Rules may become a ‘‘MOTION TO INTERVENE’’, as address: [email protected]. party to the proceeding. Any comments, applicable, and the project number j. Deadline for filing comments and or protests, or motions to intervene must (199–203) on any comments or motions motions: November 10, 2003. be received on or before the specified filed. Comments, protests, and All documents (original and eight comment date for the particular interventions may be filed electronically copies) should be filed with: Ms. application. via the internet in lieu of paper. See 18 Magalie R. Salas, Secretary, Federal o. Filing and Service of Responsive CFR 385.2001(a)(1)(iii) and the Energy Regulatory Commission, 888 Documents—Any filings must bear in instructions on the Commission’s Web First Street, NE., Washington DC 20426. all capital letters the title site under the ‘‘eFiling’’ link. The Please include the project number (P– ‘‘COMMENTS’’, Commission strongly encourages e- 2628–052) on any comments or motions ‘‘RECOMMENDATIONS FOR TERMS filings. All documents should be filed filed. Comments, protests, and AND CONDITIONS’’, ‘‘PROTEST’’, OR with: The Secretary, Federal Energy interventions may be filed electronically ‘‘MOTION TO INTERVENE’’, as Regulatory Commission, 888 First via the internet in lieu of paper. See, 18 applicable, and the Project Number of Street, NE., Washington, DC 20426. A CFR 385.2001(a)(1)(iii) and the the particular application to which the copy of any motion to intervene must instructions on the Commission’s web filing refers. A copy of any motion to also be served upon each representative site under the ‘‘e-Filing’’ link. The intervene must also be served upon each of the Applicant specified in the Commission strongly encourages e- representative of the Applicant particular application. filings. specified in the particular application.

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p. Agency Comments—Federal, state, Comments, protests, and o. Filing and Service of Responsive and local agencies are invited to file interventions may be filed electronically Documents—Any filings must bear in comments on the described via the Internet in lieu of paper; see 18 all capital letters the title applications. A copy of the applications CFR 385.2001(a)(1)(iii) and the ‘‘COMMENTS’’, ‘‘PROTEST’’, OR may be obtained by agencies directly instructions on the Commission’s Web ‘‘MOTION TO INTERVENE’’, as from the Applicant. If an agency does site under the ‘‘e-Filing’’ link. The applicable, and the Project Number of not file comments within the time Commission strongly encourages the particular application to which the specified for filing comments, it will be electronic filings. Please include the filing refers. A copy of any motion to presumed to have no comments. One project number (P–9840–031) on any intervene must also be served upon each copy of an agency’s comments must also comments or motions filed. representative of the Applicant be sent to the Applicant’s The Commission’s Rules of Practice specified in the particular application. representatives. and Procedure require all interveners p. Agency Comments—Federal, state, q. Comments, protests and filing a document with the Commission and local agencies are invited to file interventions may be filed electronically to serve a copy of that document on comments on the described application. via the Internet in lieu of paper. See, 18 each person in the official service list A copy of the application may be CFR 385.2001(a)(1)(iii) and the for the project. Further, if an intervener obtained by agencies directly from the instructions on the Commission’s Web files comments or documents with the Applicant. If an agency does not file site at http://www.ferc.gov under the ‘‘e- Commission relating to the merits of an comments within the time specified for Filing’’ link. issue that may affect the responsibilities filing comments, it will be presumed to of a particular resource agency, they have no comments. One copy of an Magalie R. Salas, must also serve a copy of the document agency’s comments must also be sent to Secretary. on that resource agency. the Applicant’s representatives. [FR Doc. E3–00049 Filed 10–15–03; 8:45 am] k. Description of Transfer: BILLING CODE 6717–01–P Appomattox River Associates, L.P. and Magalie R. Salas, STS HydroPower, Ltd., co-licensees, Secretary. (STS) jointly seek Commission approval [FR Doc. E3–00050 Filed 10–15–03; 8:45 am] DEPARTMENT OF ENERGY to remove STS as co-licensee from the BILLING CODE 6717–01–P license for the Appomattox River Water Federal Energy Regulatory Authority Hydroelectric Project. Commission l. Locations of Application: A copy of DEPARTMENT OF ENERGY the application is available for Notice of Transfer of License and inspection and reproduction at the Federal Energy Regulatory Soliciting Comments, Motions To Commission in the Public Reference Commission Intervene, and Protests Room, located at 888 First Street NE., October 8, 2003. Room 2A, Washington, DC 20426, or by [Project No. 11883–001, et al.] calling (202) 502–8371. This filing may Take notice that the following also be viewed on the Commission’s Notice of Surrender of Preliminary hydroelectric application has been filed Web site at http://www.ferc.gov using Permits with the Commission and is available the ‘‘eLibrary’’ link. Enter the docket for public inspection: number excluding the last three digits in October 8, 2003. a. Application Type: Transfer of the docket number field to access the Symbiotics, LLC, Project Nos. 11883– License. document. For assistance, call toll-free 001, 11889–001, 11890–001, 11892–001, b. Project No.: 9840–031. 1–866–208–3676 or e-mail 11940–001, 11963–001, 11969–001, c. Date Filed: August 21, 2003. [email protected]. For TTY, 11970–001, 11985–001, 11988–001, d. Applicants: Appomattox River call (202) 502–8659. A copy is also 11989–001, 11990–001, 11993–001, Associates, L. P. and STS HydroPower, available for inspection and 11995–001, 12002–001, 12003–001, Ltd. (Transferors) and Appomattox reproduction at the addresses in item h. 12004–001, 12006–001, 12007–001, River Associates, L. P. (Transferee). above. 12009–001, 12010–001, 12011–001, e. Name of Project: Appomattox River m. Individuals desiring to be included 12012–001, 12014–001, 12039–001, Water Authority Hydroelectric Project. on the Commission’s mailing list should 12065–001, 12098–001; Sequoia Hydro, f. Location: Located on the so indicate by writing to the Secretary LLC, Project No. 12181–001; Calero Appomattox River, in Chesterfield and of the Commission. Hydro, LLC, Project No. 12186–001; Dinwiddie Counties, Virginia. n. Comments, Protests, or Motions to Skiatook Hydro, LLC, Project No. g. Filed Pursuant to: Federal Power Intervene—Anyone may submit 12189–001; Crow Creek Hydro, LLC, Act, 16 U.S.C. 791a–825r. comments, a protest, or a motion to Project No. 12197–001; Merritt Hydro, h. Applicants Contact: Stephen J. intervene in accordance with the LLC, Project No. 12201–001; North San Sinclair, Appomattox River Associates, requirements of Rules of Practice and Gabriel Hydro, LLC, Project No. 12203– L.P., c/o Northbrook Energy, 20 North Procedure, 18 CFR 385.210, .211, .214. 001; Three Mile Falls Hydro, LLC, Wacker Drive, Chicago, IL 60606, (312) In determining the appropriate action to Project No. 12209–002; Bayou 419–1221. take, the Commission will consider all D’Arbonne Hydro, LLC, Project No. i. FERC Contact: Regina Saizan, (202) protests or other comments filed, but 12217–001; Caddo Hydro, LLC, Project 502–8765. only those who file a motion to No. 12219–001; Lake Fork Hydro, LLC, j. Deadline for filing comments and or intervene in accordance with the Project No. 12231–001; Moose Creek motions: November 10, 2003. Commission’s Rules may become a Hydro, LLC, Project No. 12235–001; Pat All documents (original and eight party to the proceeding. Any comments, Mayse Hydro, LLC, Project No. 12240– copies) should be filed with: Magalie R. protests, or motions to intervene must 001; Waco Hydro, LLC, Project No. Salas, Secretary, Federal Energy be received on or before the specified 12249–001; Ute Hydro, LLC, Project No. Regulatory Commission, 888 First comment date for the particular 12251–001; and MSR # 27 Hydro, LLC, Street, NE., Washington, DC 20426. application. Project No. 12267–001.

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Take notice that the permittees for the surrender their preliminary permits. have shown that the projects would not subject projects have requested to Investigations and feasibility studies be economically feasible.

Expiration Project No. Project name Stream State date

11883–001 ...... Mackay Dam ...... Big Lost River ...... ID 05–31–2004 11889–001 ...... Porcupine Dam ...... Bear River ...... UT 07–31–2004 11890–001 ...... Oneida Narrows ...... Bear River ...... ID 03–31–2005 11892–001 ...... Smith’s Fork ...... Bear River ...... WY 05–31–2004 11940–001 ...... Willow Ck. Reservoir ...... Willow Creek ...... MT 06–30–2004 11963–001 ...... San Pablo Dam ...... San Pablo Creek ...... CA 08–31–2004 11969–001 ...... Broines Dam ...... Bear Creek ...... CA 08–31–2004 11970–001 ...... Prado Dam ...... Santa Ana River ...... CA 08–31–2004 11985–001 ...... Altus Dam ...... Red River ...... OK 08–31–2004 11988–001 ...... Savage Dam ...... Otay River ...... CA 08–31–2004 11989–001 ...... Painted Rock Dam ...... Gila River ...... AZ 07–31–2004 11990–001 ...... South Fork Dam ...... Humboldt River ...... NV 06–30–2004 11993–001 ...... Topaz Dam ...... Walker River ...... NV 08–31–2004 11995–001 ...... Bishop Creek Dam ...... Bishop Creek ...... NV 06–30–2004 12002–001 ...... Hensley Dam ...... Fresno River ...... CA 08–31–2004 12003–001 ...... El Capitan ...... San Diego River ...... CA 08–31–2004 12004–001 ...... San Vincente ...... Upper Salinas River ...... CA 08–31–2004 12006–001 ...... San Antonio Dam ...... San Antonio Creek ...... CA 07–31–2004 12007–001 ...... Alamo Dam ...... Bill Williams River ...... AZ 08–31–2004 12009–001 ...... Mathews Dam ...... Santa Ana River ...... CA 08–31–2004 12010–001 ...... Crocker Diversion ...... Merced River ...... CA 07–31–2004 12011–001 ...... Martis Creek Lake ...... Martis Creek ...... CA 07–31–2004 12012–001 ...... Calaveras Dam ...... Calaveras Creek ...... CA 07–31–2004 12014–001 ...... Dake Dam ...... Thousand Springs Ck...... NV 08–31–2004 12039–001 ...... Alpine ...... Snake River ...... WY 08–31–2004 12065–001 ...... Big Timber ...... Big Timber Creek ...... MT 12–31–2004 12098–001 ...... Scofield Reservoir Falls ...... Price River ...... UT 01–31–2005 12181–001 ...... Sequoia Dam ...... Mill Flat Creek ...... CA 10–31–2005 12186–001 ...... Calero Dam ...... Calero Creek ...... CA 12–31–2005 12189–001 ...... Skiatook Dam ...... Hominy Creek ...... OK 10–31–2005 12197–001 ...... Crow Creek Dam ...... Crow Creek ...... OR 09–30–2005 12201–001 ...... Merritt Dam ...... Snake River ...... NE 11–30–2005 12203–001 ...... North San Gabriel ...... San Gabriel River ...... TX 10–31–2005 12209–002 ...... Three Mile Falls Dam ...... Umatilla River ...... OR 10–31–2005 12217–001 ...... Bayou D’Arbonne Dam ...... Bayou D’Arbonne Res ...... LA 10–31–2005 12219–001 ...... Caddo Dam ...... Cypress Bayou ...... LA 12–31–2005 12231–001 ...... Lake Fork Dam ...... Lake Fork Creek ...... TX 03–31–2006 12235–001 ...... Moose Creek ...... Chena River ...... AK 01–31–2006 12240–001 ...... Pat Mayse Dam ...... Sanders Creek ...... TX 10–31–2005 12249–001 ...... Waco Dam ...... Bosque River ...... TX 10–31–2005 12251–001 ...... Ute Dam ...... Canadian River ...... NM 01–31–2006 12267–001 ...... Mississippi L&D #27 ...... Mississippi River ...... IL 01–31–2006

The permits shall remain in effect ENVIRONMENTAL PROTECTION Revolving Loan Fund, and Cleanup through the thirtieth day after issuance AGENCY Grants on October 16, 2003. This notice of this notice unless that day is provides information on how to obtain Saturday, Sunday, or holiday as Comprehensive Environmental the application guidelines. These grants described in 18 CFR 385.2007, in which Response, Compensation and Liability may be used to address sites case each permit shall remain in effect Act (CERCLA), Section 104 (k); contaminated by petroleum and through the first business day following Announcement of Proposal Deadlines hazardous substances, pollutants, or that day. New applications involving for the Competition for the 2004 contaminants (including hazardous National Brownfields Assessment, these project sites, to the extent substances co-mingled with petroleum). Revolving Loan Fund, and Cleanup provided for under 18 CFR part 4, may The brownfields assessment grants Grants be filed on the next business day. (each funded up to $200,000 over two AGENCY: Environmental Protection years) provide funding for a grant Magalie R. Salas, Agency. recipient to inventory, characterize, Secretary. assess, and conduct planning and ACTION: Notice of the availability of [FR Doc. E3–00046 Filed 10–15–03; 8:45 am] brownfields grant application guidelines community involvement related to BILLING CODE 6717–01–P and deadlines for submissions of brownfield sites. The brownfields proposals. revolving loan fund grants (each funded up to $1,000,000 over five years) SUMMARY: The United States provide funding for a grant recipient to Environmental Protection Agency (EPA) capitalize a revolving loan fund and to will begin to accept proposals for the provide subgrants to carry out cleanup National Brownfields Assessment, activities at brownfield sites that are

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owned by the subgrant recipient. The be postmarked by USPS or delivered to council or group of general purpose brownfields cleanup grants (each Don West, Environmental Management units of local government; funded up to $200,000 over two years) Support Inc., 8601 Georgia Avenue, Redevelopment Agency that is chartered provide funding for a grant recipient to Suite 500, Silver Spring, MD 20910 by or otherwise sanctioned by a state; State; carry out cleanup activities at other means, no later than December 4, Indian Tribe other than in Alaska; and brownfield sites that are owned by the 2003, and a duplicate copy sent to the Alaska Native Regional Corporation, grant recipient (see Catalogue of Federal appropriate U.S. EPA Regional Office. Alaska Native Village Corporation, and Domestic Assistance Number: 66.818). ADDRESSES: Mailing addresses for EMS, Metlakatla Indian Community. For the brownfields assessment U.S. EPA Regional Offices and U.S. EPA Eligibility for brownfields cleanup grants, an applicant may request a Headquarters are provided in the grants is limited to ‘‘eligible entities’’ waiver of the $200,000 limit and obtain Proposal Guidelines. and nonprofits. For the purposes of the funding up to $350,000 based on the Obtaining Proposal Guidelines: The brownfields grant program, EPA will anticipated level of contamination, size, proposal guidelines are available via the use the definition of nonprofit or ownership status of the site. The Internet: http://www.epa.gov/ organizations contained in section 4(6) revolving loan fund and cleanup grants brownfields/. of the Federal Financial Assistance require a 20 percent cost share, which Copies of the Proposal Guidelines will Management Improvement Act of 1999, may be in the form of a contribution of also be mailed upon request. Requests Public Law 106–107, 31 U.S.C. 6101, money, labor, material, or services from should be made by calling the U.S. EPA Note. The term ‘‘nonprofit organization’’ a non-federal source. If the cost share is Call Center at the following numbers: means any corporation, trust, in the form of contribution of labor, Washington, DC, Metro Area at (703)– association, cooperative, or other material, or other services, it must be 412–9810; Outside Washington, DC, organization that is operated primarily incurred for an eligible and allowable Metro at 1–800–424–9346; and TDD for for scientific, educational, service, cost under the grant and not for the Hearing Impaired at 1–800–553– charitable, or similar purpose in the ineligible costs. An applicant may 7672. public interest; is not organized request a waiver of the 20 percent cost In order to ensure that the Guidelines primarily for profit; and uses net share requirement based on hardship. are received in time to be used in the proceeds to maintain, improve, or The National brownfields assessment, preparation of the proposal, applicants expand the operation of the revolving loan fund, and cleanup grants should request a copy as soon as organization. will be awarded on a competitive basis. possible and in any event no later than In addition, Intertribal Consortia, To ensure a fair selection process, ten (10) working days before the other than those composed of ineligible evaluation panels consisting of EPA proposal due date. Applicants who Alaskan tribes, are eligible to apply for Regional and Headquarters staff and request copies after that date might not the brownfields assessment, revolving other federal agency representatives will receive the proposal guidelines in time loan fund, and cleanup grants. assess how well the proposals meet the to prepare and submit a responsive Coalitions of eligible governmental selection criteria outlined in the proposal. entities are eligible to apply for the application booklet, Proposal FOR FURTHER INFORMATION CONTACT: The brownfields revolving loan fund grants, Guidelines for Brownfields Assessment, U.S. EPA’s Office of Solid Waste and but only one member of the coalition Revolving Loan Fund, and Cleanup Emergency Response, Office of may receive a cooperative agreement. Grants (October 2003). Final selections Brownfields Cleanup and The evaluation panels will review the will be made by EPA senior Redevelopment, (202) 566–2777. proposals carefully and assess each management after considering the SUPPLEMENTARY INFORMATION: On response based on how well it addresses ranking of proposals by the evaluation January 11, 2002, President George W. the criteria, briefly outlined below. panels. EPA decisions may also take Bush signed into law the Small Business There are two different types of into account other statutory and policy Liability Relief and Brownfields criteria—threshold criteria and ranking considerations, such as fair distribution Revitalization Act. This act amended criteria. Responses to the criteria will be of funds between urban and non-urban the Comprehensive Environmental utilized to determine whether to make and other geographic factors; Response, Compensation and Liability an award and the amount of funds to be compliance with the statutory Act to authorize federal financial awarded. There is no guarantee of an petroleum funding allocation; the assistance for brownfields revitalization, award. benefits of promoting the long-term including grants for assessment, Assessment Grants availability of funds under the RLF cleanup, and job training. grants; designation as a federal Funding for the brownfields grants is Threshold Criteria Empowerment Zone, Enterprise authorized under section 104(k) of the A. Applicant Eligibility Community, or Renewal Community; Comprehensive Environmental B. Community Notification population; and whether the applicant Response, Compensation, and Liability C. Letter from the State or Tribal is a federally recognized Indian tribe. In Act of 1980, as amended, (CERCLA), 42 Environmental Authority addition, special consideration will be U.S.C. 9604(k). Eligibility for D. Site Eligibility and Property given to projects committed to achieving brownfields assessment and revolving Ownership Eligibility recognized green building and/or energy loan fund grants is limited to ‘‘eligible efficiency building standards. entities’’ as defined in section 104(k)(1) Ranking Criteria DATES: This action is effective as of of CERCLA. These include a General A. Assessment Grant Proposal Budget October 16, 2003. EPA expects to make Purpose Unit of Local Government; (a maximum of 5 points may be up to 200 grant awards in fiscal year Land Clearance Authority or other received for this criterion) 2004, contingent upon the availability of quasi-governmental entity that operates B. Community Need (a maximum of funds. The application deadline for under the supervision and control of, or 15 points may be received for this proposals for the 2004 assessment, as an agent of, a general purpose unit of criterion) revolving loan fund, and cleanup grants local government; Governmental Entity C. Site Selection Process (a maximum is December 4, 2003. All proposals must Created by State Legislature; Regional of 10 points may be received for

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this criterion) maximum of 15 points may be Empowerment Zone, Enterprise D. Sustainable Reuse of Brownfields/ received for this criterion) Community, or Renewal Community; Development Potential (a maximum I. Reduction of Threats to Human population; and whether the applicant of 10 points may be received for Health and the Environment (a is a federally recognized Indian tribe. In this criterion) maximum of 10 points may be addition, special consideration will be E. Creation and/or Preservation of received for this criterion) given to projects committed to achieving Greenspace/Open Space or Other J. Leveraging of Additional Resources recognized green building and/or energy Nonprofit Purpose (a maximum of 5 (a maximum of 15 points may be efficiency building standards. points may be received for this received for this criterion) Dated: October 7, 2003. criterion) K. Ability to Manage Grants/ Linda Garczynski, F. Reuse of Existing Infrastructure (a Management Structure (a maximum Director, Office of Brownfields Cleanup and maximum of 5 points may be of 10 points may be received for Redevelopment, Office of Solid Waste and received for this criterion) this criterion) Emergency Response. G. Community Involvement (a Cleanup Grants [FR Doc. 03–26192 Filed 10–15–03; 8:45 am] maximum of 15 points may be BILLING CODE 6560–50–P received for this criterion) Threshold Criteria H. Reduction of Threats to Human A. Applicant Eligibility Health and the Environment (a B. Community Notification ENVIRONMENTAL PROTECTION maximum of 10 points may be C. Letter from the State or Tribal AGENCY received for this criterion) Environmental Authority [OPP–2003–0323; FRL–7329–2] I. Leveraging of Additional Resources D. Site Eligibility and Property (a maximum of 15 points may be Ownership Eligibility Pesticide Product Registrations; received for this criterion) E. Cleanup Authority and Oversight Conditional Approval J. Ability to Manage Grants (a Structure maximum of 10 points may be F. Cost Share AGENCY: Environmental Protection received for this criterion) Agency (EPA). Ranking Criteria Revolving Loan Fund Grants ACTION: Notice. A. Cleanup Grant Budget (a maximum Threshold Criteria of 5 points may be received for this SUMMARY: This notice announces Agency approval of an application A. Applicant Eligibility criterion) B. Community Need (a maximum of submitted by Interregional Research B. Community Notification Project Number 4 (IR-4), New Jersey C. Letter from the State or Tribal 15 points may be received for this criterion) Agricultural Experiment Station, Environmental Authority Technology Center, on behalf of the D. Site Eligibility and Property C. Sustainable Reuse of Brownfields/ Development Potential (a maximum Arizona Cotton Research and Protection Ownership Eligibility Council to conditionally register the E. Cleanup Authority and Oversight of 10 points may be received for this criterion) pesticide product Aspergillus flavus Structure AF36 containing a new active ingredient F. Cost Share D. Creation and/or preservation of Greenspace/Open Space or Other not included in any previously G. Legal Authority to Manage a registered products pursuant to the Revolving Loan Fund Nonprofit Purpose (a maximum of 5 points may be received for this provisions of section 3(c)(7)(C) of the Ranking Criteria criterion) Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. A. RLF Grant Proposal Budget (a E. Reuse of Existing Infrastructure (a maximum of 5 points may be maximum of 5 points may be FOR FURTHER INFORMATION CONTACT: received for this criterion) received for this criterion) Shanaz Bacchus, Biopesticides and B. Community Need (a maximum of F. Community Involvement (a Pollution Prevention Division (7511C), 15 points may be received for this maximum of 15 points may be Office of Pesticide Programs, criterion) received for this criterion) Environmental Protection Agency, 1200 C. Description of Target Market for G. Reduction of Threats to Human Pennsylvania Ave., NW., Washington, RLF Loans and Subgrants (a Health and the Environment (a DC 20460–0001; telephone number: maximum of 10 points may be maximum of 10 points may be (703) 308–8097; e-mail received for this criterion) received for this criterion) address:[email protected]. D. Business Plan (a maximum of 10 H. Leveraging of Additional Resources SUPPLEMENTARY INFORMATION: (a maximum of 15 points may be points may be received for this I. General Information criterion) received for this criterion) E. Sustainable Reuse of Brownfields/ I. Ability to Manage Grants (a A. Does this Action Apply to Me? Development Potential (a maximum maximum of 10 points may be You may be potentially affected by of 10 points may be received for received for this criterion) this action if you an agricultural this criterion) EPA decisions may take into account producer, food manufacturer, or F. Creation and/or Preservation of other statutory and policy pesticide manufacturer. Potentially Greenspace/Open Space or Other considerations, such as fair distribution affected entities may include, but are Nonprofit Purpose (a maximum of 5 of funds between urban and non-urban not limited to: points may be received for this and other geographic factors; • Crop production (NAICS code criterion) compliance with the statutory 111) G. Reuse of Existing Infrastructure (a petroleum funding allocation; the • Animal production (NAICS code maximum of 5 points may be benefits of promoting the long-term 112) received for this criterion) availability of funds under the RLF • Food manufacturing (NAICS code H. Community Involvement (a grants; designation as a federal 311)

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• Pesticide manufacturing (NAICS Division (7502C), Office of Pesticide Aspergillus flavus AF36, during the code 32532) Programs, Environmental Protection period of conditional registration will This listing is not intended to be Agency, Rm. 119, Crystal Mall #2, not cause any unreasonable adverse exhaustive, but rather provides a guide Arlington, VA (703) 305–5805. Requests effect on the environment, and that use for readers regarding entities likely to be for data must be made in accordance of the pesticide is, in the public interest. affected by this action. Other types of with the provisions of the Freedom of Consistent with section 3(c)(7)(C) of entities not listed in this unit could also Information Act and must be addressed FIFRA, the Agency has determined that be affected. The North American to the Freedom of Information Office these conditional registrations are in the Industrial Classification System (A–101), 1200 Pennsylvania Ave., NW., public interest. Use of the pesticides are (NAICS) codes have been provided to Washington, DC 20460–0001. Such of significance to the user community, assist you and others in determining requests should: Identify the product and appropriate labeling, use directions, whether this action might apply to name and registration number and and other measures have been taken to certain entities. To determine whether specify the data or information desired. ensure that use of the pesticides will not you or your business may be affected by A paper copy of the fact sheet, which result in unreasonable adverse effects to this action, you should carefully provides more detail on this man and the environment. examine the applicability provisions. If registration, may be obtained from the III. Conditionally Approved you have any questions regarding the National Technical Information Service Registration applicability of this action to a (NTIS), 5285 Port Royal Rd., particular entity, consult the person Springfield, VA 22161. EPA issued a notice, published in the listed under FOR FURTHER INFORMATION 2. Electronic access. You may access Federal Register of March 12, 2003 (68 CONTACT. this Federal Register document FR 11841) (FRL–7293–8), which electronically through the EPA internet announced that Interregional Research B. How Can I Get Copies of this under the ‘‘Federal Register’’ listings at Project Number 4 (IR-4), New Jersey Document and Other Related http://www.epa.gov/fedrgstr/. Agricultural Experiment Station, Information? An electronic version of the public Technology Center of New Jersey, 681 1. Docket. EPA has established an docket is available through EPA’s U.S. Highway #1 South, North official public docket for this action electronic public docket and comment Brunswick, NJ 08902–3390, on behalf of under docket ID number OPP–2003– system, EPA Dockets. You may use EPA the Arizona Cotton Research and 0323. The official public docket consists Dockets at: http://www.epa.gov/edocket/ Protection Council, 3721 East Weir of the documents specifically referenced to submit or view public comments, Avenue, Phoenix, AZ 85040–2933, had in this action, any public comments access the index listing of the contents submitted an application to register the received, and other information related of the official public docket, and to pesticide product, Aspergillus flavus to this action. Although, a part of the access those documents in the public AF36, antifungal agent (EPA File official docket, the public docket does docket that are available electronically. Symbol 71693–R) containing not include Confidential Business Although, not all docket materials may Aspergillus flavus AF36 at 0.0008%, an Information (CBI) or other information be available electronically, you may still active ingredient not included in any whose disclosure is restricted by statute. access any of the publicly available previously registered product. The official public docket is the docket materials through the docket EPA file symbol 71693–1: Aspergillus collection of materials that is available facility identified in Unit I.B.1. Once in flavus AF36, a non aflatoxin-producing for public viewing at the Public the system, select ‘‘search,’’ then key in strain of Aspergillus flavus, is Information and Records Integrity the appropriate docket ID number. conditionally registered for use on Branch (PIRIB), Rm. 119, Crystal Mall cotton in Arizona and Texas to displace II. Did EPA Conditionally Approve the #2, 1921 Jefferson Davis Hwy., aflatoxin-producing strains of Application? Arlington, VA. This docket facility is Aspergillus flavus. open from 8:30 a.m. to 4 p.m., Monday A conditional registration may be The application was conditionally through Friday, excluding legal granted under section 3(c)(7)(C) of approved on June 24, 2003 for an end- holidays. The docket telephone number FIFRA for a new active ingredient where use product manufactured by an is (703) 305–5805. certain data are lacking, on condition integrated process: Legacy docket for this case is OPP– that such data are received by the end Aspergillus flavus AF36 is 2003–0048, which was set up in of the conditional registration period conditionally registered for use on connection with the Notice of receipt of and do not meet or exceed the risk cotton in Arizona and Texas to reduce an application to register the pesticide criteria set forth in 40 CFR 154.7; that aflatoxin-producing colonies of product Aspergillus flavus AF36 use of the pesticide during the Aspergillus flavus. The mammalian containing a new active ingredient not conditional registration period will not health effects and ecological effects data included in any previously registered cause unreasonable adverse effects; and bases support the conditional approval product pursuant to the provisions of that use of the pesticide is in the public of the pesticide. Soil and air monitoring section 3(c)(4) of the Federal Insecticide, interest. The Agency has considered the studies were provided to demonstrate Fungicide, and Rodenticide Act available data on the risks associated the efficacy of the product for the (FIFRA), as amended. with the proposed use of Aspergillus proposed uses in Arizona. Because the In accordance with section 3(c)(2) of flavus AF36, and information on social, pesticide is to be used to reduce FIFRA, a copy of the approved label, the economic, and environmental benefits aflatoxin-producing strains of list of data references, the data and other to be derived from such use. Aspergillus flavus, with a potential scientific information used to support Specifically, the Agency has considered reduction of aflatoxin, a public health registration, except for material the nature and its pattern of use, hazard, this pesticide qualifies for an specifically protected by section 10 of application methods and rates, and level automatic presumptive finding, and its FIFRA, are available for public and extent of potential exposure. Based use is presumed to be in the public inspection in the Public Information on these reviews, the Agency was able interest. Aspergillus flavus AF36 was and Records Integrity Branch, to make basic health and safety used for several years in an Information Resources and Services determinations which show that use of experimental use program without

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adverse effects. Conditions of last 10 minutes will be set aside for oral the Secretary, Federal Maritime registration include (a) analyses of 5 questions or comments. Members of the Commission, Washington, DC 20573, batches at production, (b) confirmation public may also file written statement(s) within 10 days of the date this notice by high performance liquid before or after the meeting. If any person appears in the Federal Register. chromatography (HPLC) that the strain wishes auxiliary aids (such as a sign Agreement No.: 010977–052. does not produce aflatoxin, (c) language interpretor) or other special Title: Hispaniola Discussion polymerase chain reaction (PCR) accommodations, please contact, prior Agreement. analyses of the active ingredient to to October 23, 2003, Teri Stumpf, Room Parties: Crowley Liner Services, Inc.; confirm product identity, and (d) 1203, 811 Vermont Avenue, NW., Seaboard Marine Ltd.; Tropical efficacy (product performance) data to Washington, DC 20571, Voice: (202) Shipping and Construction Co., Ltd.; demonstrate the reduction of toxigenic 565–3542 or TDD (202) 565–3377. and Bernuth Agencies, Inc. Synopsis: The amendment removes A. strains by Aspergillus flavus AF36 in FOR FURTHER INFORMATION CONTACT: For P. Moller-Maersk Sealand as a party to Texas. These data must be submitted further information, contact Teri the agreement. within 30 months of the conditional Stumpf, Room 1203, 811 Vermont Ave., registration date. Additional data will be NW., Washington, DC 20571, (202) 565– Agreement No.: 011510–021. Title: West Africa Discussion required to support application of the 3502. pesticide to cotton in other states or to Agreement. other food/feed commodities. An Peter Saba, Parties: Atlantic Bulk Carriers, Ltd.; exemption from tolerance for residues of General Counsel. HUAL A/S; P&O Nedlloyd Limited. Aspergillus flavus AF36 on cotton was [FR Doc. 03–26179 Filed 10–15–03; 8:45 am] Synopsis: The amendment deletes Zim Israel Navigation Company Limited established in association with this BILLING CODE 6690–01–M conditional registration. from the membership of the agreement. Agreement No.: 011632–004. List of Subjects Title: Turkey/United States Rate FEDERAL ELECTION COMMISSION Environmental protection, Chemicals, Agreement. Parties: Farrell Lines, Inc. and Turkon Pesticides and pests. Sunshine Act; Notices of Meeting Container Transport & Shipping Inc. Dated: September 25, 2003. AGENCY: Federal Election Commission. Synopsis: The amendment deletes Janet L. Andersen, Hapag-Lloyd Container Linie GmbH as a DATE AND TIME: Tuesday, October 21, Director, Biopesticides and Pollution 2003, 10 a.m. party to the agreement. Prevention Division, Office of Pesticide Agreement No.: 11737–011. PLACE: Programs. 999 E Street, NW., Washington, Title: The MCA Agreement. [FR Doc. 03–26195 Filed 10–15–03; 8:45 am] DC. Parties: Atlantic Container Line AB; BILLING CODE 6560–50–S STATUS: This meeting will be closed to Alianca Navegacao e Logistica Ltda.; the public. Antillean Marine Shipping Corporation; ITEMS TO BE DISCUSSED: A.P. Moller-Maersk A/S; Bernuth Lines, EXPORT-IMPORT BANK OF THE Compliance matters pursuant to 2 Ltd.; CMA CGM S.A.; Companhia Libra UNITED STATES U.S.C. 437g. de Navegacao; Compania Sud Audits conducted pursuant to 2 U.S.C. Americana de Vapores S.A.; CP Ships Notice of Open Special Meeting of the 437g, 438(b), and title 26, U.S.C. (UK) Limited d/b/a ANZDL and d/b/a Renewable Energy Exports Advisory Matters concerning participation in civil Contship Containerlines; Crowley Liner Committee of the Export-Import Bank actions or proceedings or arbitration. Services, Inc.; Dole Ocean Cargo of the United States (Ex-Im Bank) Internal personnel rules and procedures Express, Inc.; Great White Fleet (U.S.) SUMMARY: The Renewable Energy or matters affecting a particular Ltd.; Hamburg-Sud d/b/a Columbus Exports Advisory Committee was employee. Line and d/b/a Crowley American Transport; Hapag-Lloyd Container Linie; established by the Board of Directors at FOR FURTHER INFORMATION CONTACT: Mr. Italia di Navigazione S.p.A.; King Ocean Ex-Im Bank to assist the Bank in Ron Harris, Press Officer, Telephone: Central America S.A.; King Ocean meeting its objective of supporting U.S. (202) 694–1220. exporters in renewable energy Service de Colombia S.A.; King Ocean industries. In addition, the goal is to Mary W. Dove, Service de Venezuela S.A.; Lykes Lines seek advice from the private sector Secretary of the Commission. Limited, LLC; Montemar Maritima S.A.; about best practices when addressing [FR Doc. 03–26280 Filed 10–14–03; 10:33 Norasia Container Line Limited; P&O renewable energy exports. am] Nedlloyd Limited; Safmarine Container Lines N.V.; TMM Lines Limited, LLC; TIME AND PLACE: Tuesday, October 28, BILLING CODE 6715–01–M Tropical Shipping & Construction Co., 2003, at 9:30 a.m. to 12:30 p.m. The Ltd.; Wallenius Wilhelmsen Lines AS. meeting will be held at Ex-Im Bank in FEDERAL MARITIME COMMISSION Synopsis: The amendment would add the Main Conference Room 1143, 811 China Shipping Container Lines Co., Vermont Avenue, NW., Washington, DC Notice of Agreement(s) Filed Ltd. to the membership list and change 20571. Maersk Sealand’s legal name to A.P. AGENDA: Agenda items include The Commission hereby gives notice Moller-Maersk A/S. discussion and presentations on current of the filing of the following Agreement No.: 011864. and projected market demand for agreement(s) under the Shipping Act of Title: USAC—Norasia Space Charter renewable energy technology, its 1984. Interested parties can review or Agreement. comparable cost and examples of obtain copies of agreements at the Parties: Norasia Container Line success stories where renewable energy Washington, DC offices of the Limited and United Arab Shipping Co., has met demand. Commission, 800 North Capitol Street, S.A.G. PUBLIC PARTICIPATION: The meeting will NW., Room 940. Interested parties may Synopsis: Norasia may charter space be open to public participation, and the submit comments on an agreement to on UASC vessels in the trade between

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ports on the U.S. Atlantic Coast and Dated: October 6, 2003. ACTION: Notice. ports on the Mediterranean Sea, the Red James Scanlon, Sea, the Arabian Gulf and the Indian Acting Deputy Assistant Secretary for Science SUMMARY: This notice announces the Ocean. Expedited Review is requested. and Data Policy, Office of the Assistant intention of the Agency for Healthcare Secretary for Planning and Evaluation. Research and Quality (AHRQ) to request By Order of the Federal Maritime that the Office of Management and Commission. [FR Doc. 03–26143 Filed 10–15–03; 8:45 am] BILLING CODE 4151–05–M Budget (OMB) allow the proposed Dated: October 10, 2003. information collection project: ‘‘Medical Bryant L. VanBrakle, Expenditure Panel Survey Household Secretary. DEPARTMENT OF HEALTH AND Component and Medical Provider [FR Doc. 03–26218 Filed 10–15–03; 8:45 am] HUMAN SERVICES Component (MEPS–HC and MEPS– BILLING CODE 6730–01–P MPC)—2004 and 2005’’. In accordance Health Resources and Services with the Paperwork Reduction Act of Administration 1995, Public Law 104–13 (44 U.S.C. 3506(c)(2)(A)), AHRQ invites the public DEPARTMENT OF HEALTH AND Statement of Delegation of Authority to comment on this proposed HUMAN SERVICES Notice is hereby given that I have information collection. National Committee on Vital and Health delegated to the Administrator, Health DATES: Comments on this notice must be Statistics: Meeting Resources and Services Administration received by December 15, 2003. (HRSA), with authority to redelegate, ADDRESSES: Written comments should Pursuant to the Federal Advisory authorities vested in the Secretary of be submitted to: Cynthia D. McMichael, Committee Act, the Department of Health and Human Services under Title Reports Clearance Officer, AHRQ, 540 Health and Human Services announces III, of the Public Health Service (PHS) Gaither Road, Room #5022, Rockville, the following advisory committee Act, as amended, by the Bioterrorism MD 20850. meeting. Preparedness and Response Act of 2002, Copies of the proposed collection Name: National Committee on Vital and only insofar as it pertains to the plans, data collection instruments, and Health Statistics (NCVHS), Subcommittee on functions assigned to HRSA. The specific details on the estimated burden Standards and Security (SSS). authorities are as follows: can be obtained from the AHRQ Reports Time and Date: 9 a.m. to 5 p.m., October • Sec. 105—Education of Health Care Clearance Officer. 28, 2003; 9 a.m. to 5 p.m., October 29, 2003; Personnel; Training Regarding Pediatric FOR FURTHER INFORMATION CONTACT: 8:30 a.m. to 1 p.m., October 30, 2003. Issues, section 319F(g) of the PHS Act, Place: Silver Spring Hilton, 8727 Colesville Cynthia D. McMichael, AHRQ, Reports Road, Silver Spring, MD 20910. as amended. Clearance Officer, (301) 427–1651. • Sec. 131(a)—Grants to Improve Status: Open. SUPPLEMENTARY INFORMATION: Purpose: The agenda for Tuesday, October State, Local, and Hospital Preparedness 28th includes discussion on the Consolidated for and Response to Bioterrorism and Proposed Project Health Informatics Initiative (CHI) and the other Public Health Emergencies, ‘‘Medical Expenditure Panel Survey International Classification of Diseases 10th section 319C; and Partnerships for Household Component and Medical revision (ICD–10). The morning session on Community and Hospital Preparedness, Provider Component (MEPS–HC and Wednesday the 28th will be devoted to CHI section 319C–2 of the PHS Act, as MPC)—2004 and 2005’’. preliminary reports. During the afternoon amended. session, discussion will take place on the These delegations shall be exercised The AHRQ intends to conduct an analysis of the impact of moving to ICD–10– annual panel survey of U.S. households CM and ICD–10–PCS. Discussions on ICD–10 under the Department’s existing delegation of authority and policy on and medical providers to collect will continue on day two. On Thursday the information on a variety of measures 30th, a discussion on Patient Medical Record regulations. This delegation is effective upon related to health status, health insurance Information (PMRI) Standards will begin the coverage, health care use and day followed by Subcommittee discussion signature. In addition, I hereby affirm and approval of the PMRI and ICD–10 and ratify any actions taken by you or expenditures, and source of payment for recommendation letters to the Secretary. other HRSA officials which involved the health services. This collection project Contact Person for More Information: exercise of this authority prior to the consists of two parts: The MEPS Substantive program information as well as effective date of this delegation. Household Component (HC) and the summaries of meetings and a roster of MEPS Medical Provider Component Committee members may be obtained from Dated: October 8, 2003. (MPC). Karen Trudel, Senior Technical Advisor, Tommy G. Thompson, Each panel of the MEPS–HC consists Security and Standards Group, Centers for Secretary. of a nationally representative sample of Medicare and Medicaid Services, MS: C5– [FR Doc. 03–26144 Filed 10–15–03; 8:45 am] U.S. households with a data collection 24–04, 7500 Security Boulevard, Baltimore, 1 MD 21244–1850, telephone: 410–786–9937; BILLING CODE 4165–15–M period covering 2 ⁄2 years. or Marjorie S. Greenberg, Executive This time frame allows for the Secretary, NCVHS, National Center for collection of annual data from the MEPS Health Statistics, Centers for Disease Control DEPARTMENT OF HEALTH AND sample that covers their health care and Prevention, Room 1100, Presidential HUMAN SERVICES experiences over two consecutive Building, 6525 Belcrest Road, Hyattsville, calendar years. The first panel of MEPS Maryland 20782, telephone: (301) 458–4245. Agency for Healthcare Research and began in 1996 and a new panel has been Information also is available on the NCVHS Quality initiated annually thereafter. The home page of the HHS website: http:// MEPS–HC is jointly sponsored by the www.ncvhs.hhs.gov/ where an agenda for the Agency Information Collection meeting will be posted when available. Activities: Proposed Collection; AHRQ and the National Center for Should you require reasonable Comment Request Health Statistics (NCHS). accommodation, please contact the CDC The MEPS–HC will be conducted Office of Equal Employment Opportunity on AGENCY: Agency for Healthcare Research using a sample of households selected (301) 458–4EEO (4336) as soon as possible. and Quality, HHS. from households which responded to

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the previous year’s National Health 2005 will be collected, beginning in prescription drug use, and other health Interview Survey (NHIS) sponsored by 2005, and continuing into the year 2006. issues. NCHS. The NHIS is a household survey Data from medical providers linked to Statisticians and researchers will use which collects health data from household respondents in the MEPS these data to make important approximately 50,000 households and Household Component for calendar year generalizations about the health care of 110,000 individuals. The NHIS is used 2004, will be collected, beginning in civilian non-institutionalized as the sampling frame for the MEPS and 2005, and continuing into the year 2006, population of the United States, as well several other surveys as part of efforts provider data for calendar year 2005 as to conduct research in which the by the Department of Health and Human will be collected, beginning in 2006, household is the unit of analysis. Services (DHHS) to integrate survey data and continuing into the year 2007. collection activities. Methods of Collection Data Confidentiality Provisions Data to be collected from each Data from the MEPS–HS will be household include detailed information MEPS data confidentiality is collected using a combination of modes. on demographics, health conditions, protected under the AHRQ and NCHS For example, the AHRQ intends to current health status, utilization of Confidentiality statutes, section 308(d) introduce study participants to the health care providers, charges and and section 924(c) of the Public Health survey through advance mailings. The payments for health care services, Service Act (42 U.S.C. 242m(d) and 42 first contact will provide the household quality of care received, medications, U.S.C. 299c–3(c), respectively). the information regarding the employment and health insurance. In accordance with AHRQ and NCHS importance and uses of the information The purpose of the MEPS–MPC is to confidentiality statutes, statistical and obtained. The AHRQ will then conduct supplement the information provided non-identifying data will be made five (in-person) interviews with each by household respondents in the MEPS– available through publications, articles household to obtain health care use and HC about the use of medical services in in major journals as well as public use expense data for 2 calendar years. Data the United States based on a nationally data files. The statistical and analytic will be collected using a computer- representative sample. The MEPS–HC data are intended to be used for assisted personal interviewing method will be conducted with the permission purposes such as: (CAPI). In certain cases, AHRQ will of members of the households surveyed • Generating national estimates of conduct interviews over the telephone, in the MEPS–HC. The AHRQ contractor individual and family health care use if necessary respondents may be asked will contact the medical providers of the and expenditures, private and public to respond to 1 or more short self- HC Survey respondents to determine the health insurance coverage, and the administered questionnaires over the actual dates of service, the diagnoses, availability, costs and scope of private course of the survey. the services provided, the amount that health insurance benefits among was charged, the amount that was paid Americans; The medial provider survey will be and the source of payment. Thus, the • Examining the effects of changes in conducted predominantly by telephone, MPC is derived from or is based upon how chronic care and disability are but may include self-administered mail the core survey, (MEPS–HC). The MPC managed and financed; surveys, if requested by the respondent. confirms and/or improves the quality of • Evaluating the growing impact of Estimated Annual Respondent Burden the core survey data. managed care and of enrollment in per year for the MEPS HC: Each MEPS Data from household respondents in different types of managed care plans; participant is asked to complete 5 the MEPS Household Component for and, interviews over two and one half years. calendar year 2004, will be collected, • Examining access to and costs of Each interview averages 1.8 hours in beginning in 2004, and continuing into health care for common diseases and length. Total burden is estimated in the the year 2005, data for calendar year conditions, health care quality, following chart:

MEPS HOUSEHOLD COMPONENT ESTIMATED BURDEN FOR 2004 AND 2005

Burden per Survey period Number of complete Total burden completes (hours) (hours)

January–July ‘04 ...... 22,037 1.8 39,667 August–December ‘04 ...... 14,746 1.8 26,543 January–July ‘05 ...... 22,418 1.8 40,352 August–December ‘05 ...... 15,003 1.8 27,005 January–July ‘06 ...... 14,838 1.8 26,708 Total ...... 160,275

Estimated Annual Respondent estimated annual hour burden is as Burden per year for the MEPS MPC: The follows: MPC for Calendar Year 2004 and 2005

Average Number of Average No. Number of Average No. burden/ Total hours Type of provider respondents of patents/ patients/proof events/ event of burden provider vider pairs patient (minutes)

MPC 2004: Hospital Office-based ...... 5,502 2.2 12,105 3.2 5 3,227 Doctor ...... 23,077 1.3 30,000 3.5 5 8,750 Separately billing doctor ...... 17,143 1.4 24,000 1.3 5 2,600

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Average Number of Average No. Number of Average No. burden/ Total hours Type of provider respondents of patents/ patients/proof events/ event of burden provider vider pairs patient (minutes)

Home Health...... 545 1.1 600 5.8 5 290 Pharmacy ...... 8,077 2.6 21,000 10.3 3 10,815

Total ...... 54,344 ...... 87,705 ...... 25,682

MPC 2005: Hospital Office ...... 5,310 2.2 11,681 3.2 5 3,115 Doctor ...... 22,269 1.3 28,950 3.5 5 8,444 Separately billing doctor ...... 16,543 1.4 23,160 1.3 5 2,509 Home Health ...... 526 1.1 579 5.8 5 280 Pharmacy ...... 7,794 2.6 20,265 10.3 3 10,436

Total ...... 52,442 ...... 84,635 ...... 24,784

Request for Comments DEPARTMENT OF HEALTH AND The National Health Service Corps HUMAN SERVICES (authorized by the Public Health Service In accordance with the above cited Act, section 331) collects data on its legislation, comments on the AHRQ Health Resources and Services programs to ensure compliance with information collection are requested Administration legislative mandates and to report to with regard to any of the following: (a) Agency Information Collection Congress and policy makers on program Whether the proposed collection of accomplishments. To meet these information is necessary for the proper Activities: Submission for OMB Review; Comment Request objectives, the NHSC requires a core set performance of functions of AHRQ, of information collected annually that is including whether the information will Periodically, the Health Resources appropriate for monitoring and have practical utility; (b) the accuracy of and Services Administration (HRSA) evaluating performance and reporting the AHRQ’s estimate of burden publishes abstracts of information on annual trends. (including hours and cost) of the collection requests under review by the The PTIQ is used to collect data proposed collection of information; (c) Office of Management and Budget, in related to professional issues from ways to enhance the quality, utility and compliance with the Paperwork NHSC-obligated Scholarship Program clarity of the information to be Reduction Act of 1995 (44 U.S.C. Chapter 35). To request a copy of the recipients including physicians, collected; and (d) ways to minimize the dentists, physician assistants (PAs), burden of the collection of information clearance requests submitted to OMB for review, call the HRSA Reports nurse practitioners (NPs), certified nurse upon the respondents, including the use midwives (CNMs), and other disciplines of automated collection techniques or Clearance Office on (301) 443–1129. The following request has been in the current year’s placement cycle. other forms of information technology. submitted to the Office of Management The PTIQ is also used to collect data Comments submitted in response to and Budget for review under the from NHSC Scholarship Program and this notice will be summarized and Paperwork Reduction Act of 1995: Loan Repayment Program defaulters included in the request for OMB who request to satisfy their monetary Proposed Project: The National Health approval of the proposed information debts through service. This data is used Service Corps (NHSC) Professional collection. All comments will become a to match an individual health care Training and Information professional with the most appropriate matter of public record. Questionnaire (PTIQ) (OMB No. 0915– clinical practice setting. Dated: October 9, 2003. 0208)—Revision Carolyn M. Clancy, The National Health Service Corps The PTIQ will be provided to NHSC Scholarship Program participants up to Director. (NHSC) of the HRSA’s Bureau of Health twelve months in advance of the [FR Doc. 03–26126 Filed 10–15–03; 8:45 am] Professions (BHPr), is committed to intended service availability date, and BILLING CODE 4160–90–M improving the health of the Nation’s underserved by uniting communities in to defaulters when they submit a service need with caring health professionals request. and by supporting communities’ efforts Estimates of annualized reporting to build better systems of care. burden are as follows:

Responses Type of respondent Number of re- per respond- Hours per re- Total burden spondents ent sponse hours

Physicians and Dentists ...... 202 1 5 min...... 17 NPs, PAs, CNMs ...... 106 1 5 min...... 9 Total ...... 308 ...... 26

Written comments and proposed information collection should John Morrall, Human Resources and recommendations concerning the be sent within 30 days of this notice to: Housing Branch, Office of Management

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and Budget, New Executive Office DEPARTMENT OF HEALTH AND (Catalogue of Federal Domestic Assistance Building, Room 10235, Washington, DC HUMAN SERVICES Program Nos. 93.392, Cancer Construction; 20503. 93.393, Cancer Cause and Prevention National Institutes of Health Research; 93.394, Cancer Detection and Dated: October 8, 2003. Diagnosis Research; 93.395, Cancer Jon L. Nelson, National Cancer Institute; Notice of Treatment Research; 93.396, Cancer Biology Associate Administrator for Management and Closed Meeting Research; 93.397, Cancer Centers Support; Program Support. 93.398, Cancer Research Manpower; 93.399, [FR Doc. 03–26187 Filed 10–15–03; 8:45 am] Pursuant to section 10(d) of the Federal Advisory Committee Act, as Cancer Control, National Institutes of Health, BILLING CODE 4165–15–P amended (5 U.S.C. Appendix 2), notice HHS) is hereby given of the meeting of the Dated: October 8, 2003. DEPARTMENT OF HEALTH AND President’s Cancer Panel. LaVerne Y. Stringfield, HUMAN SERVICES The meeting will be open to the Director, Office of Federal Advisory public as indicated below, with Committee Policy. National Institutes of Health attendance limited to space available. [FR Doc. 03–26167 Filed 10–15–03; 8:45 am] Individuals who plan to attend and National Cancer Institute; Notice of need special assistance, such as sign BILLING CODE 4140–01–M Closed Meeting language interpretation or other reasonable accommodations, should DEPARTMENT OF HEALTH AND Pursuant to section 10(d) of the notify the Contact Person listed below HUMAN SERVICES Federal Advisory Committee Act, as in advance of the meeting. amended (5 U.S.C. Appendix 2), notice The meeting will be closed to the National Institutes of Health is hereby given of the following public in accordance with the meeting. provisions set forth in section National Center for Research The meeting will be closed to the 552b(c)(9)(B), Title 5 U.S.C., as amended Resources; Notice of Closed Meeting public in accordance with the because the premature disclosure of provisions set forth in sections information and the discussions would Pursuant to section 10(d) of the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., be likely to significantly frustrate Federal Advisory Committee Act, as as amended. The grant applications and implementation of recommendations. amended (5 U.S.C. Appendix 2), notice the discussions could disclose Name of Committee: President’s Cancer is hereby given of the following confidential trade secrets or commercial Panel. meeting. property such as patentable material, Date: November 4–5, 2003. Open: November 4, 2003, 8 a.m. to 3:15 The meeting will be closed to the and personal information concerning p.m. public in accordance with the individuals associated with the grant Agenda: Living Beyond Cancer: Adult provisions set forth in sections applications, the disclosure of which Cancer Survivorship. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., would constitute a clearly unwarranted Place: Sheraton Birmingham Hotel, 2101 as amended. The grant applications and invasion of personal privacy. Civic Center Boulevard, Birmingham, AL the discussions could disclose 35203. Name of Committee: National Cancer confidential trade secrets or commercial Institute Special Emphasis Panel, The Open: November 4, 2003, 7 p.m. to 9 p.m. Pediatric Brian Tumor Consortium. Agenda: Town Hall Meeting. property such as patentable material, Date: November 24–25, 2003. Place: Sheraton Birmingham Hotel, 2101 and personal information concerning Time: 3 p.m. to 6 p.m. Civic Center Boulevard, Birmingham, AL individuals associated with the grant Agenda: To review and evaluate grant 35203. applications, the disclosure of which applications. Closed: November 5, 2003, 9 a.m. to 12 would constitute a clearly unwarranted Place: Holiday Inn on the Hill, 415 New p.m. Agenda: To review and evaluate discussion invasion of personal privacy. Jersey Avenue, NW., Washington, DC 20001. of prepublication manuscripts on adult Contact Person: Mary C. Fletcher, Name of Committee: National Center for cancer survivorship. Scientific Review Administrator, Grants Research Resources Special Emphasis Panel, Place: Sheraton Birmingham Hotel, 2101 Comparative Medicine. Review Branch, Division of Extramural Civic Center Boulevard, Birmingham, AL Date: October 30, 2003. Activities, National Cancer Institute, National 35203. Institutes of Health, 6116 Executive Contact Person: Maureen Wilson, PhD, Time: 2 p.m. to Adjournment. Boulevard, Rm 8115, Bethesda, MD 20892, Executive Secretary, National Cancer Agenda: To review and evaluate grant 301/496–7413. Institute, National Institutes of Health, 31 applications. (Catalogue of Federal Domestic Assistance Center Drive, Building 31, Room 3A18, Place: Office of Review, One Democracy Program Nos. 93.392, Cancer Construction; Bethesda, MD 20892, 301/496–1148. Plaza, 6701 Democracy Blvd., Bethesda, MD 93.393, Cancer Cause and Prevention This meeting is being published less than 20892, (Telephone Conference Call). Research; 93.394, Cancer Detection and 15 days prior to the meeting due to Contact Person: Eric H. Brown, PhD., scheduling conflicts. Diagnosis Research; 93.395, Cancer Scientific Review Administrator, Office of Any interested person may file written Treatment Research; 93.396, Cancer Biology Review, National Center for Research comments with the committee by forwarding Research; 93.397, Cancer Centers Support; the statement to the Contact Person listed on Resources, National Institutes of Health, 6701 93.398, Cancer Research Manpower; 93.399, this notice. The statement should include the Democracy Blvd, MSC 4874, Room 1068, Cancer Control, National Institutes of Health, name, address, telephone number and, when Bethesda, MD 20892–4874, 301–435–0815, HHS). applicable, the business or professional [email protected]. Dated: October 7, 2003. affiliation of the interested person. (Catalogue of Federal Domestic Assistance LaVerne Y. Stringfield, Information is also available on the Institute’s/Center’s home page: Program Nos. 93.306, Comparative Medicine; Director, Office of Federal Advisory deainfo.nci.nih.gov/advisory/pcp/pcp.htm, 93.333, Clinical Research; 93.371, Biomedical Committee Policy. where an agenda and any additional Technology; 93.389, Research Infrastructure, [FR Doc. 03–26155 Filed 10–15–03; 8:45 am] information for the meeting will be posted 93.306, 93.333, National Institutes of Health, BILLING CODE 4140–01–M when available. HHS).

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Dated: October 7, 2003. DEPARTMENT OF HEALTH AND is hereby given of the following LaVerne Y. Stringfield, HUMAN SERVICES meeting. Director, Office of Federal Advisory The meeting will be closed to the Committee Policy. National Institutes of Health public in accordance with the [FR Doc. 03–26156 Filed 10–15–03; 8:45 am] provisions set forth in sections National Institute of Child Health and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., BILLING CODE 4140–01–M Human Development; Notice of Closed as amended. The grant applications and Meeting the discussions could disclose DEPARTMENT OF HEALTH AND Pursuant to section 10(d) of the confidential trade secrets or commercial property such as patentable material, HUMAN SERVICES Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice and personal information concerning National Institutes of Health is hereby given of the following individuals associated with the grant meeting. applications, the disclosure of which National Heart, Lung, and Blood The meeting will be closed to the would constitute a clearly unwarranted Institute; Notice of Closed Meeting public in accordance with the invasion of personal privacy. provisions set forth in sections 552(c)(4) Name of Committee: National Institute of Pursuant to section 10(d) of the and 552b(c)(6), Title 5 U.S.C. as Child Health and Human Development Federal Advisory Committee Act, as amended. The grant applications and Special Emphasis Panel Sperm Alpha 7 amended (5 U.S.C. appendix 2), notice Nicotinic Acetylcholine Receptor Studies. the discussions could disclose Date: November 5, 2003. is hereby given of the following confidential trade secrets or commercial Time: 10 AM to 12 PM. meeting. property such as patentable material, Agenda: To review and evaluate grant The meeting will be closed to the and personal information concerning applications. public in accordance with the individuals associated with the grant Place: National Institutes of Health, 6100 applications, the disclosure of which Executive Boulevard, Rockville, MD 20852, provisions set forth in sections (Telephone Conference Call). 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., would constitute a clearly unwarranted invasion of personal privacy. Contact Person: Jon M. Ranhand, PhD, as amended. The grant applications and Scientist Review Administrator, Division of the discussions could disclose Name of Committee: National Institute of Scientific Review, National Institute of Child confidential trade secrets or commercial Child Health and Human Development Initial Health, and Human Development, NIH, 6100 property such as patentable material, Review Group Function, Integration, and Executive Blvd., Room 5E03, Bethesda, MD Rehabilitation Sciences Subcommittee. 20892, (301) 435–6884. and personal information concerning Date: November 3–4, 2003. (Catalogue of Federal Domestic Assistance individuals associated with the grant Time: 8 a.m. to 5 p.m. Program Nos. 93.864, Population Research; applications, the disclosure of which Agenda: To review and evaluate grant 93.865, Research for Mothers and Children; would constitute a clearly unwarranted applications. 93.929, Center for Medical Rehabilitation invasion of personal privacy. Place: Holiday Inn Select Bethesda, 8120 Research; 93.209, Contraception and Wisconsin Ave, Bethesda, MD 20814. Infertility Loan Repayment Program, National Name of Committee: National Heart, Lung, Contact Person: Anne Krey, Scientific Institutes of Health, HHS) and Blood Institute Special Emphasis Panel, Review Administrator, Division of Scientific Demonstration and Education Research. Review, National Institute of Child Health Dated: October 7, 2003. Date: November 13–14, 2003. and Human Development, National Institutes LaVerne Y. Stringfield, Time: 9 a.m. to 5 p.m. of Health, 6100 Executive Blvd., Rm. 5E03, Director, Office of Federal Advisory Agenda: To review and evaluate grant Bethesda, MD 20892, 301–435–6908, Committee Policy. applications. [email protected]. [FR Doc. 03–26148 Filed 10–15–03; 8:45 am] Place: Sheraton Columbia Hotel, 10207 (Catalogue of Federal Domestic Assistance BILLING CODE 4140–01–M Wincopin Circle, Columbia, MD 21060. Program Nos. 93.864, Population Research Contact Person: Patricia A. Haggerty, PhD, 93.865, Research for Mothers and Children; Scientific Review Administrator, Review 93.929, Center for Medical Rehabilitation DEPARTMENT OF HEALTH AND Branch, Division of Extramural Affairs, Research; 93.209, Contraception and HUMAN SERVICES National Heart, Lung, and Blood Institute, Infertility Loan Repayment Program, National National Institutes of Health, 6701 Rockledge Institutes of Health, HHS) National Institutes of Health Drive, Room 7188, Bethesda, MD 20892, 301/ Dated: October 7, 2003. National Institute of Child Health and 435–0280. LaVerne Y. Stringfield, Director, Office of Federal Advisory Human Development; Notice of Closed (Catalogue of Federal Domestic Assistance Meeting Program Nos. 93.233, National Center for Committee Policy. Sleep Disorders Research; 93.837, Heart and [FR Doc. 03–26147 Filed 10–15–03; 8:45 am] Pursuant to section 10(d) of the Vascular Diseases Research; 93.838, Lung BILLING CODE 4140–01–M Federal Advisory Committee Act, as Diseases Research; 93.839, Blood Diseases amended (5 U.S.C. appendix 2), notice and Resources Research, National Institutes is hereby given of the following of Health, HHS) DEPARTMENT OF HEALTH AND meeting. HUMAN SERVICES The meeting will be closed to the Dated: October 8, 2003. public in accordance with the National Institutes of Health LaVerne Y. Stringfield, provisions set forth in sections Director, Office of Federal Advisory 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Committee Policy. National Institute of Child Health and Human Development; Notice of Closed as amended. The grant applications and [FR Doc. 03–26145 Filed 10–15–03; 8:45 am] Meeting the discussions could disclose BILLING CODE 4140–01–M confidential trade secrets or commercial Pursuant to section 10(d) of the property such as patentable material, Federal Advisory Committee Act, as and personal information concerning amended (5 U.S.C. Appendix 2), notice individuals associated with the grant

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applications, the disclosure of which Agenda: To review and evaluate grant Health, Suite 409, 6000 Executive Blvd., would constitute a clearly unwarranted applications. Bethesda, MD 20892–7003, 301–443–9787, invasion of personal privacy. Place: National Institutes of Health, 6100 [email protected]. Executive Boulevard, Rockville, MD 20852 (Catalogue of Federal Domestic Assistance Name of Committee: National Institute of (Telephone Conference Call). Child Health and Human Development Program Nos. 93.271, Alcohol Research Contact Person: Jon M. Ranhand, PhD, Career Development Awards for Scientists Special Emphasis Panel, NICHD Population Scientist Review Administrator, Division of Research Center (Project 1 Supplement). and Clinicians; 93.272, Alcohol National Scientific Review, National Institute of Child Research Service Awards for Research Date: October 27, 2003. Health and Human Development, NIH, 6100 Time: 10 a.m. to 12 p.m. Training; 93.273, Alcohol Research Programs; Executive Blvd., Room 5E03, Bethesda, MD 93.891, Alcohol Research Center Grants, Agenda: To review and evaluate grant 20892, (301) 435–6884. applications. National Institutes of Health, HHS) This notice is being published less than 15 Dated: October 7, 2003. Place: National Institutes of Health, 6100 days prior to the meeting due to the timing Executive Boulevard, Rockville, MD 20852 limitations imposed by the review and LaVerne Y. Stringfield, (Telephone Conference Call). funding cycle. Director, Office of Federal Advisory Contact Person: Jon M. Ranhand, PhD, Committee Policy. Scientist Review Administrator, Division of (Catalogue of Federal Domestic Assistance [FR Doc. 03–26151 Filed 10–15–03; 8:45 am] Scientific Review, National Institute of Child Program Nos. 93.864, Population Research; Health and Human Development, NIH, 6100 93.865, Research for Mothers and Children; BILLING CODE 4110–01–M Executive Blvd., Room 5E03, Bethesda, MD 93.929, Center for Medical Rehabilitation 20892, (301) 435–6884. Research; 93.209, Contraception and This notice is being published less than 15 Infertility Loan Repayment Program, National DEPARTMENT OF HEALTH AND days prior to the meeting due to the timing Institutes of Health, HHS) HUMAN SERVICES limitations imposed by the review and Dated: October 7, 2003. funding cycle. LaVerne Y. Stringfield, National Institutes of Health Director, Office of Federal Advisory (Catalogue of Federal Domestic Assistance National Institute of Child Health and Program Nos. 93.864, Population Research; Committee Policy. Human Development; Notice of Closed 93.865, Research for Mothers and Children; [FR Doc. 03–26150 Filed 10–15–03; 8:45 am] 93.929, Center for Medical Rehabilitation Meeting BILLING CODE 4140–01–M Research; 93.209, Contraception and Pursuant to section 10(d) of the Infertility Loan Repayment Program, National Institutes of Health, HHS) Federal Advisory Committee Act, as DEPARTMENT OF HEALTH AND Dated: October 7, 2003. amended (5 U.S.C. appendix 2), notice HUMAN SERVICES is hereby given of the following LaVerne Y. Stringfield, meeting. Director, Office of Federal Advisory National Institutes of Health The meeting will be closed to the Committee Policy. public in accordance with the National Institute on Alcohol Abuse [FR Doc. 03–26149 Filed 10–15–03; 8:45 am] provisions set forth in sections and Alcoholism; Notice of Closed BILLING CODE 4140–01–M 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Meeting as amended. The grant applications and the discussions could disclose DEPARTMENT OF HEALTH AND Pursuant to section 10(d) of the confidential trade secrets or commercial HUMAN SERVICES Federal Advisory Committee Act, as amended (5 U.S.C. appendix 2), notice property such as patentable material, National Institutes of Health is hereby given of the following and personal information concerning meeting. individuals associated with the grant National Institute of Child Health and The meeting will be closed to the applications, the disclosure of which Human Development; Notice of Closed public in accordance with the would constitute a clearly unwarranted Meeting provisions set forth in sections invasion of personal privacy. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Pursuant to section 10(d) of the Name of Committee: National Institute of as amended. The grant applications and Child Health and Human Development Federal Advisory Committee Act, as the discussions could disclose Special Emphasis Panel, Women’s amended (5 U.S.C. appendix 2), notice confidential trade secrets or commercial Reproductive Health Research Career is hereby given of the following property such as patentable material, Development Centers. meeting. and personal information concerning Date: October 23–24, 2003. The meeting will be closed to the individuals associated with the grant Time: 9 a.m. to 5 p.m. Agenda: To review and evaluate grant public in accordance with the applications, the disclosure of which provisions set forth in sections applications. would constitute a clearly unwarranted Place: Holiday Inn Select Bethesda, 8120 552b(d)(4) and 552b(c)(6), Title 5 U.S.C., invasion of personal privacy. as amended. The grant applications and Wisconsin Ave, Bethesda, MD 20814. Contact Person: Rita Anand, PhD, the discussions could disclose Name of Committee: National Institute on Alcohol Abuse and Alcoholism Special Scientific Review Administrator, Division of confidential trade secrets or commercial Scientific Review, National Institute of Child property such as patentable material, Emphasis Panel, 3 R01 Applications and A K01. Health and Human Development, NIH, 9000 and personal information concerning Date: November 6, 2003. Rockville Pike, MSC 7510, 6100 Building, individuals associated with the grant Time: 1 p.m. to 3 p.m. Room 5B01, Bethesda, MD 20892, (301) 496– applications, the disclosure of which Agenda: To review and evaluate grant 1487, [email protected]. would constitute a clearly unwarranted applications. This notice is being published less than 15 invasion of personal privacy. Place: National Institutes of Health, Willco days prior to the meeting due to the timing Name of Committee: National Institute of Building, 6000 Executive Blvd., Rockville, limitations imposed by the review and Child Health and Human Development MD 20852 (Telephone Conference Call). funding cycle. Special Emphasis Panel, Galanin-Like Contact Person: Elsie D. Taylor, Scientific (Catalogue of Federal Domestic Assistance Peptide Linking Insulin and Sex in the Rat. Review Administrator, Extramural Project Program Nos. 93.864, Population Research; Date: October 23, 2003. Review Branch, National Institute on Alcohol 93.865, Research for Mothers and Children; Time: 10 a.m. to 12 p.m. Abuse and Alcoholism, National Institutes of 93.929, Center for Medical Rehabilitation

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Research; 93.209, Contraception and DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Infertility Loan Repayment Program, National HUMAN SERVICES HUMAN SERVICES Institutes of Health, HHS) Dated: October 7, 2003. National Institutes of Health National Institutes of Health LaVerne Y. Stringfield, Director, Office of Federal Advisory National Institute of Mental Health; National Institute of Allergy and Committee Policy. Notice of Closed Meeting Infectious Diseases; Notice of Closed [FR Doc. 03–26152 Filed 10–15–03; 8:45 am] Meeting BILLING CODE 4140–01–M Pursuant to section 10(d) of the Pursuant to section 10(d) of the Federal Advisory Committee Act, as Federal Advisory Committee Act, as amended (5 U.S.C. appendix 2), notice amended (5 U.S.C. Appendix 2), notice DEPARTMENT OF HEALTH AND is hereby given of the following is hereby given of the following hUMAN SERVICES meeting. meeting. The meeting will be closed to the National Institutes of Health The meeting will be closed to the public in accordance with the public in accordance with the provisions set forth in sections National Institute of Child Health and provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Human Development; Notice of Closed 552b(c)(4) and 662b(c)(6), Title 5 U.S.C., as amended. The grant applications and Meeting as amended. The grant applications and the discussions could disclose the discussions could disclose Pursuant to section 10(d) of the confidential trade secrets or commercial confidential trade secrets or commercial property such as patentable material, Federal Advisory Committee Act, as property such as patentable material, amended (5 U.S.C. appendix 2), notice and personal information concerning and personal information concerning individuals associated with the grant is hereby given of the following individuals associated with the grant meeting. applications, the disclosure of which applications, the disclosure of which The meeting will be closed to the would constitute a clearly unwarranted would constitute a clearly unwarranted invasion of personal privacy. public in accordance with the invasion of personal privacy. provisions set forth in sections Name of Committee: National Institute of 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: National Institute of Allergy and Infectious Diseases Special as amended. The contract proposals and Mental Health Special Emphasis Panel, HIV/ Emphasis Panel, (MACS) Multicenter AIDS AIDS T32. Cohort Study. the discussions could disclose Date: November 18, 2003. confidential trade secrets or commercial Date: October 21, 2003. Time: 10:45 a.m. to 12 p.m. Time: 8 a.m. to 6 p.m. property such as patentable material, Agenda: To review and evaluate grant Agenda: To review and evaluate grant and personal information concerning applications. individuals associated with the contract applications. Place: Residence Inn Bethesda, 7335 proposals, the disclosure of which Place: National Institutes of Health, Wisconsin Avenue, Calvert Rooms I & II, would constitute a clearly unwarranted Neuroscience Center, 6001 Executive Bethesda, MD 20814. Boulevard, Rockville, MD 20852 (Telephone invasion of personal privacy. Contact Person: Eugene R. Baizman, PhD, Conference Call). Scientific Review Administrator, NIH/NIAID/ Name of Committee: National Institute of Contact Person: Martha Ann Carey, PhD, DEA, Scientific Review Program, Room 2209, Child Health and Human Development RN, Scientific Review Administrator, 6700B Rockledge Drive, Bethesda, MD Special Emphasis Panel, Clinical Division of Extramural Activities, National 20892–7616, 301–496–2550, [email protected]. Coordination Center/Data Coordination Institute of Mental Health, NIH, (Catalogue of Federal Domestic Assistance Center for the National Children’s Study Neuroscience Center, 6100 Executive Blvd. Program Nos. 93.855, Allergy, Immunology, (NCS). and Transplantation Research; 93.856, Date: November 3, 2003. Room 6151, MSC 9608, Bethesda, MD 20892– 9608 301–443–1606, [email protected]. Microbiology and Infectious Diseases Time: 11:55 a.m. to 1 p.m. Research, National institutes of Health, HHS). This notice is being published less than 15 Agenda: To review and evaluate contract Dated: October 7, 2003. proposals. days prior the meeting due to the timing LaVerne Y. Stringfield, Place: National Institutes of Health, 6100 limitations imposed by the review and Executive Boulevard, Rockville, MD 20852. funding cycle. Director, Office of Federal Advisory (Telephone Conference Call). Committee Policy. Contact Person: Hameed Khan, Phd, (Catalog of Federal Domestic Assistance [FR Doc. 03–26157 Filed 10–15–03; 8:45 am] Scientific Review Administrator, Division of Program Nos. 93.242, Mental Health Grants; BILLING CODE 4140–01–M Scientific Review, National Institute of Chile 93.281, Scientist Development Award, Health and Human Development, National Scientist Development Award for Clinicians, Institutes of Health, 6100 Executive Blvd., and Research Scientist Award; 93.282, DEPARTMENT OF HEALTH AND Room 5E01, Bethesda, MD 20892, Mental Health Research Service Awards for HUMAN SERVICES [email protected]. Research Training, National Institutes of (Catalogue of Federal Domestic Assistance Healths, HHS) National Institutes of Health Program Nos. 93.664, Population Research; Dated: October 7, 2003. 93.865, Research for Mothers and Children; National Institute of Allergy and LaVerne Y. Stringfield, 93.929, Center for Medical Rehabilitation Infectious Diseases; Notice of Closed Research; 93.209, Contraception and Director, Office of Federal Advisory Meetings Infertility Loan Repayment Program, National Committee Policy. Institutes of Health, HHS) [FR Doc. 03–26154 Filed 10–15–03; 8:45 am] Pursuant to section 10(d) of the Federal Advisory Committee Act, as BILLING CODE 4140–01–M LaVerne Y. Stringfield, amended (5 U.S.C. Appendix 2), notice Director, Office of Federal Advisory is hereby given of the following Committee Policy. meetings. [FR Doc. 03–26153 Filed 10–15–03; 8:45 am] The meetings will be closed to the BILLING CODE 4140–01–M public in accordance with the

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provisions set forth in sections is hereby given of the following confidential trade secrets or commercial 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., meeting. property such as patentable material, as amended. The contract proposals and The meeting will be closed to the and personal information concerning the discussions could disclose public in accordance with the individuals associated with the grant confidential trade secrets or commercial provisions set forth in sections applications, the disclosure of which property such as patentable material, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., would constitute a clearly unwarranted and personal information concerning as amended. The grant applications and invasion of personal privacy. individuals associated with the contract the discussions could disclose Name of Committee: National Institute on proposals, the disclosure of which confidential trade secrets or commercial Deafness and Other Communications would constitute a clearly unwarranted property such as patentable material, Disorders Special Emphasis Panel, Small invasion of personal privacy. and personal information concerning Grant Program. Date: December 3, 2003. Name of Committee: National Institute of individuals associated with the grant Time: 8 a.m. to 5 p.m. Allergy and Infectious Diseases Special applications, the disclosure of which Agenda: To review and evaluate grant Emphasis Panel, Atopic Dermatitis and would constitute a clearly unwarranted applications. Vaccinia Immunization Network: Animal invasion of personal privacy. Place: Holiday Inn Chevy Chase, 5520 Studies Consortium. Name of Committee: National Institute of Wisconsin Avenue, Chevy Chase, MD 20815. Date: October 27, 2003. Child Health and Human Development Contact Person: Stanley C. Oaks, PhD, Time: 8:30 am to 2 pm. Special Emphasis Panel, Initiation of Human Scientific Review Administrator, Division of Agenda: To review and evaluate contract Labor: Prevention of Prematurity. Extramural Activities, NIDCD, NIH, proposals. Date: October 20, 2003. Executive Plaza South, Room 400C, 6120 Place: Holiday Inn Chevy Chase, 5520 Time: 8:30 a.m. to 11:30 a.m. Executive Blvd—MSC7180, Bethesda, MD Wisconsin Avenue, Chevy Chase, MD 20815. Agenda: To review and evaluate grant 20892–7180, 301–496–8683, [email protected]. Contact Person: Cheryl K. Lapham, PhD, applications. Scientific Review Administrator, Scientific Place: Hyatt Regency Bethesda, One (Catalogue of Federal Domestic Assistance Review Program, National Institute of Allergy Bethesda Metro Center, 7400 Wisconsin Program Nos. 93.173, Biological Research and Infectious Diseases, DEA/NIH/DHHS, Avenue, Bethesda, MD 20814. Related to Deafness and Communicative 6700–B Rockledge Drive, MSC 7616, Room Contact Person: Gopal M. Bhatnagar, PhD, Disorders, National Institutes of Health, HHS) 3127, Bethesda, MD 20892–7616, 301–402– Scientific Review Administrator, National Dated: October 8, 2003. 4598, [email protected]. Institute of Child Health and Human LaVerne Y. Stringfield, Name of Committee: National Institute of Development, National Institutes of Health, Director, Office of Federal Advisory Allergy and Infectious Diseases Special 6100 Bldg. Rm. 5B01, Rockville, MD 20852, Committee Policy. Emphasis Panel, Atopic Dermatitis and (301) 435–6889, [email protected]. [FR Doc. 03–26162 Filed 10–15–03; 8:45 am] Vaccinia Network: Clinical Studies This notice is being published less than 15 Consortium. days prior to the meeting due to the timing BILLING CODE 4140–01–M Date: October 27, 2003. limitations imposed by the review and Time: 2 pm to 5:30 pm. funding cycle. Agenda: To review and evaluate contract DEPARTMENT OF HEALTH AND proposals. (Catalog of Federal Domestic Assistance HUMAN SERVICES Place: Holiday Inn Chevy Chase, 5520 Program Nos. 93.864, Population Research; Wisconsin Avenue, Chevy Chase, MD 20815. 93.865, Research for Mothers and Children; National Institutes of Health Contact Person: Cheryl K. Lapham, PhD, 93.929, Center for Medical Rehabilitation Scientific Review Administrator, Scientific Research; 93.209, Contraception and National Institute of Mental Health; Review Program, National Institute of Allergy Infertility Loan Repayment Program, National Notice of Closed Meeting and Infectious Diseases, DEA/NIH/DHHS, Institutes of Health, HHS) 6700–B Rockledge Drive, MSC 7616, Room Dated: October 7, 2003. Pursuant to section 10(d) of the 3127, Bethesda, MD 20892–7616, 301–402– LaVerne Y. Stringfield, Federal Advisory Committee Act, as 4598, [email protected]. Director, Office of Federal Advisory amended (5 U.S.C. Appendix 2), notice (Catalogue of Federal Domestic Assistance Committee Policy. is hereby given of the following Program Nos. 93.855, Allergy, Immunology, [FR Doc. 03–26160 Filed 10–15–03; 8:45 am] meeting. and Transplantation Research; 93.856, The meeting will be closed to the BILLING CODE 4140–01–M Microbiology and infectious Diseases public in accordance with the Research, National Institutes of Health, HHS). provisions set forth in sections Dated: October 7, 2003. DEPARTMENT OF HEALTH AND 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., LaVerne Y. Stringfield, HUMAN SERVICES as amended. The grant applications and Director, Office of Federal Advisory the discussions could disclose Committee Policy. National Institutes of Health confidential trade secrets or commercial [FR Doc. 03–26158 Filed 10–15–03; 8:45 am] property such as patentable material, BILLING CODE 4140–01–M National Institute on Deafness and and personal information concerning Other Communication Disorders; individuals associated with the grant Notice of Closed Meeting applications, the disclosure of which would constitute a clearly unwarranted DEPARTMENT OF HEALTH AND Pursuant to section 10(d) of the invasion of personal privacy. HUMAN SERVICES Federal Advisory Committee Act, as Name of Committee: National Institute of National Institutes of Health amended (5 U.S.C. appendix 2), notice is hereby given of the following Mental Health Special Emphasis Panel Mechanism for Time-Sensitive Research National Institute of Child Health and meeting. The meeting will be closed to the Opportunities. Human Development; Notice of Closed Date: October 27, 2003. Meeting public in accordance with the Time: 3 p.m. to 4:30 p.m. provisions set forth in sections Agenda: To review and evaluate grant Pursuant to section 10(d) of the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applications. Federal Advisory Committee Act, as as amended. The grant applications and Place: National Institutes of Health, amended (5 U.S.C. appendix 2), notice the discussions could disclose Neuroscience Center, 6001 Executive

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Boulevard, Rockville, MD 20852, (Telephone limitations imposed by the review and Health, National Institute of Mental Health, Conference Call). funding cycle. 6001 Executive Blvd., Rm. 6149, Bethesda, Contact Person: Richard E. Weise, PhD, Name of Committee: National Institute of MD 20892–9609, 301–443–6102, Scientific Review Administrator, Division of Mental Health Special Emphasis Panel [email protected]. Extramural Activities, National Institute of Services Conflicts Meeting. This notice is being published less than 15 Mental Health, NIH, Neuroscience Center, Date: November 25, 2003. 6001 Executive Boulevard, Room 6140, days prior to the meeting due to the timing Time: 10:30 a.m. to 3 p.m. limitations imposed by the review and MSC9606, Bethesda, MD 20892–9606, 301– Agenda: To review and evaluate grant funding cycle. 443–1225, [email protected]. applications. This notice is being published less than 15 Place: Holiday Inn Select Bethesda, 8120 Name of Committee: National Institute of days prior to the meeting due to the timing Wisconsin Ave, Bethesda, MD 20814. Mental Health Special Emphasis Panel— limitations imposed by the review and Contact Person: Henry J. Haiglere, PHD, Imaging and Depression. funding cycle. Scientific Review Administrator, Division of Date: October 28, 2003. (Catalogue of Federal Domestic Assistance Extramural Activities, National Institute of Time: 1 p.m. to 2:30 p.m. Program Nos. 93.242, Mental Health Research Mental Health, NIH, Neuroscience Center, Agenda: To review and evaluate grant Grants; 93.281, Scientist Development 6001 Executive Blvd., Rm. 6150, MSC 9608, Award, Scientist Development Award for applications. Bethesda, MD 20892–9608, 301/443–7216, Place: National Institutes of Health, Clinicians, and Research Scientist Award; [email protected]. Neuroscience Center, 6001 Executive 93.282, Mental Health National Research (Catalogue of Federal Domestic Assistance Service Awards for Research Training, Program Nos. 93.242, Mental Health Research Boulevard, Rockville, MD 20852, (Telephone National Institutes of Health, HHS) Grants; 93.281, Scientist Development Conference Call). Dated: October 8, 2003. Award, Scientist Development Award for Contact Person: Peter J. Sheridan, PhD, LaVerne Y. Stringfield, Clinicians, and Research Scientist Award; Scientific Review Administrator, Division of 93.282, Mental Health National Research Extramural Activities, National Institute of Director, Office of Federal Advisory Committee Policy. Service Awards for Research Training, Mental Health, NIH, Neuroscience Center, National Institutes of Health, HHS) 6001 Executive Blvd., Room 6142, MSC 9606, [FR Doc. 03–26163 Filed 10–15–03; 8:45 am] Dated: October 8, 2003. Bethesda, MD 20892–9606, 301–443–1513, BILLING CODE 4140–01–M LaVerne Y. Stringfield, [email protected]. This notice is being published less than 15 Director, Office of Federal Advisory DEPARTMENT OF HEALTH AND Committee Policy. days prior to the meeting due to the timing limitations imposed by the review and HUMAN SERVICES [FR Doc. 03–26164 Filed 10–15–03; 8:45 am] funding cycle. BILLING CODE 4140–01–M National Institutes of Health Name of Committee: National Institute of Mental Health Special Emphasis Panel— National Institute of Mental Health; DEPARTMENT OF HEALTH AND Translational Research and Behavioral Notice of Closed Meetings HUMAN SERVICES Science. Pursuant to section 10(d) of the Date: October 29, 2003. Federal Advisory Committee Act, as National Institutes of Health Time: 11 a.m. to 2:30 p.m. Agenda: To review and evaluate grant amended (5 U.S.C. Appendix 2), notice National Institute of Mental Health; applications. is hereby given of the following Notice of Closed Meetings Place: National Institutes of Health, meetings. Neuroscience Center, 6001 Executive The meetings will be closed to the Pursuant to section 10(d) of the public in accordance with the Boulevard, Rockville, MD 20852, (Telephone Federal Advisory Committee Act, as Conference Call). provisions set forth in sections amended (5 U.S.C. Appendix 2), notice Contact Person: Peter J. Sheridan, PhD, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., is hereby given of the following Scientific Review Administrator, Division of as amended. The grant applications and meetings. Extramural Activities, National Institute of the discussions could disclose The meetings will be closed to the Mental Health, NIH, Neuroscience Center, confidential trade secrets or commercial public in accordance with the 6001 Executive Blvd., Room 6142, MSC 9606, property such as patentable material, provisions set forth in sections Bethesda, MD 20892–9606, 301–443–1513, and personal information concerning 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., [email protected]. individuals associated with the grant as amended. The grant applications and This notice is being published less than 15 applications, the disclosure of which the discussions could disclose days prior to the meeting due to the timing would constitute a clearly unwarranted confidential trade secrets or commercial limitations imposed by the review and invasion of personal privacy. property such as patentable material, funding cycle. and personal information concerning Name of Committee: National Institute of (Catalogue of Federal Domestic Assistance Mental Health Special Emphasis Panel individuals associated with the grant Program Nos. 93.242, Mental Health Research Psychiatry & Psychology Training. applications, the disclosure of which Grants; 93.281, Scientist Development Date: October 23, 2003. would constitute a clearly unwarranted Award, Scientist Development Award for Time: 1 p.m. to 1:30 p.m. invasion of personal privacy. Agenda: To review and evaluate grant Clinicians, and Research Scientist Award; applications. Name of Committee: National Institute of 93.282, Mental Health National Research Place: Holiday Inn Select Bethesda, 8120 Mental Health Special Emphasis Panel— Service Awards for Research Training, Wisconsin Ave, Bethesda, MD 20814. Psychiatry and Psychology Training. National Institutes of Health, HHS) Contact Person: Houmam H Araj, PHD, Date: October 23–24, 2003. Scientific Review Administrator, Division of Time: 8 a.m. to 1 p.m. Dated: October 8, 2003. Extramural Activities, National Institute of Agenda: To review and evaluate grant LaVerne Y. Stringfield, Mental Health, NIH, Neuroscience Center, applications. Director, Office of Federal Advisory 6001 Executive Blvd., Rm. 6148, MSC 9608, Place: Holiday Inn Select Bethesda, 8120 Committee Policy. Bethesda, MD 20892–9608, 301–443–1340, Wisconsin Ave., Bethesda, MD 20814. [email protected]. Contact Person: Sara K. Goldsmith, PhD, [FR Doc. 03–26165 Filed 10–15–03; 8:45 am] This notice is being published less than 15 Scientific Review Administrator, Division of BILLING CODE 4140–01–M days prior to the meeting due to the timing Extramural Activities, National Institutes of

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DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Place: Holiday Inn Georgetown, 2101 HUMAN SERVICES HUMAN SERVICES Wisconsin Avenue, NW., Washington, DC 20007. National Institutes of Health National Institutes of Health Contact Person: Delia Tang, MD, Scientific Review Administrator, Center for Scientific Center for Scientific Review; Notice of Review, National Institutes of Health, 6701 National Institute of Child Health and Rockledge Drive, Room 4126, MSC 7802, Human Development; Notice of Closed Closed Meetings Bethesda, MD 20892, 301–435–2506, Meeting Pursuant to section 10(d) of the [email protected]. Federal Advisory Committee Act, as This notice is being published less than 15 days prior to the meeting due to the timing Pursuant to section 10(d) of the amended (5 U.S.C. appendix 2), notice Federal Advisory Committee Act, as limitations imposed by the review and is hereby given of the following funding cycle. amended (5 U.S.C. Appendix 2), notice meetings. Name of Committee: Center for Scientific is hereby given of the following The meetings will be closed to the Review Special Emphasis Panel, ZRG1 CNNT meeting. public in accordance with the 03S: Clinical Neuroplasticity and The meeting will be closed to the provisions set forth in sections Neurotransmitters. public in accordance with the 552b(c)(4) and 552(c)(6), Title 5 U.S.C., Date: October 17, 2003. as amended. The grant applications and Time: 9:30 a.m. to 3 p.m. provisions set forth in sections Agenda: To review and evaluate grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., the discussions could disclose confidential trade secrets or commercial applications. as amended. The grant applications and Place: Melrose Hotel, 2430 Pennsylvania property such as patentable material, the discussions could disclose Ave., NW., Washington, DC 20037. and personal information concerning confidential trade secrets or commercial Contact Person: William C. Benzing, PhD, individuals associated with the grant property such as patentable material, Scientific Review Administrator, Center for applications, the disclosure of which Scientific Review, National Institutes of and personal information concerning would constitute a clearly unwarranted Health, 6701 Rockledge Drive, Room 5190, individuals associated with the grant invasion of personal privacy. MSC 7846, Bethesda, MD 20892, (301) 435– applications, the disclosure of which 1254, [email protected]. would constitute a clearly unwarranted Name of Committee: Hematology This notice is being published less than 15 Integrated Review Group, Hematopoiesis invasion of personal privacy. days prior to the meeting due to the timing Study Section. limitations imposed by the review and Name of Committee: National Institute of Date: October 16–17, 2003. funding cycle. Time: 8 a.m. to 5 p.m. Child Health and Human Development Name of Committee: Pathophysiological Agenda: To review and evaluate grant Special Emphasis Panel; A Coordinated Sciences Integrated Review Group, General applications. Program in Reproductive Biology: Project IV. Medicine A Subcommittee 2. Place: Holiday Inn-Georgetown, 2101 Date: October 30, 2003. Date: October 20–21, 2003. Wisconsin Avenue, NW., Washington, DC Time: 3 p.m. to 5 p.m. Time: 8 a.m. to 5 p.m. 20007. Agenda: To review and evaluate grant Agenda: To review and evaluate grant Contact Person: Robert T. Su, PhD, applications. applications. Scientific Review Administrator, Center for Place: The Fairmont Washington, DC., Place: National Institutes of Health, 6100 Scientific Review, National Institutes of 2401 M Street, NW., Washington, DC 20037. Executive Boulevard, Rockville, MD 20852, Health, 6701 Rockledge Drive, Room 4134, Contact Person: Mushtaq A. Khan, DVM, (Telephone Conference Call). MSC 7802, Bethesda, MD 20892, (301) 435– PhD, Scientific Review Administrator, Center Contact Person: Jon M. Ranhand, PhD, 1195. for Scientific Review, National Institutes of Scientist Review Administrator, Division of This notice is being published less than 15 Health, 6701 Rockledge Drive, Room 2176, Scientific Review, National Institute of Child days prior to the meeting due to the timing MSC 7818, Bethesda, MD 20892, 301–435– Health, and Human Development, NIH, 6100 limitations imposed by the review and 1778, [email protected]. funding cycle. Executive Blvd., Room 5E03, Bethesda, MD This notice is being published less than 15 20892, (301) 435–6884. Name of Committee: Hematology days prior to the meeting due to the timing This notice is being published less than 15 Integrated Review Group, Hemostasis and limitations imposed by the review and Thrombosis Study Section. funding cycle. days prior to the meeting due to the timing Date: October 16–17, 2003. limitations imposed by the review and Name of Committee: Center for Scientific Time: 8:30 a.m. to 3:30 p.m. Review Special Emphasis Panel, funding cycle. Agenda: To review and evaluate grant Gastrointestinal Hepatobiliary and Pancreatic (Catalogue of Federal Domestic Assistance applications. Physiology and Pathobiology. Program Nos. 93.864, Population Research; Place: Holiday Inn Georgetown, 2101 Date: October 20–21, 2003. 93.865, Research for Mothers and Children; Wisconsin Avenue, NW., Washington, DC Time: 8 a.m. to 5 p.m. 93.929, Center for Medical Rehabilitation 20007. Agenda: To review and evaluate grant Research; 93.209, Contraception and Contact Person: Chhanda L. Ganguly, PhD, applications. Scientific Review Administrator, Center for Infertility Loan Repayment Program, National Place: The Fairmont Washington, DC, 2401 Scientific Review, National Institutes of Institutes of Health, HHS) M Street, NW., Washington, DC 20037. Health, 6701 Rockledge Drive, Room 4118, Contact Person: Najma Begum, PhD, Dated: October 8, 2003. MSC 7802, Bethesda, MD 20892, (301) 435– Scientific Review Administrator, Center for LaVerne Y. Stringfield, 1739, [email protected]. Scientific Review, National Institutes of This notice is being published less than 15 Health, 6701 Rockledge Drive, Room 2175, Director, Office of Federal Advisory days prior to the meeting due to the timing MSC 7818, Bethesda, MD 20892, 301–435– Committee Policy. limitations imposed by the review and 1243, [email protected]. [FR Doc. 03–26166 Filed 10–15–03; 8:45 am] funding cycle. This notice is being published less than 15 BILLING CODE 4140–01–M Name of Committee: Center for Scientific days prior to the meeting due to the timing Review Special Emphasis Panel, Platelet limitations imposed by the review and Activation. funding cycle. Date: October 17, 2003. Name of Committee: Center for Scientific Time: 8:30 a.m. to 9:30 a.m. Review Special Emphasis Panel, ZRG1 and Agenda: To review and evaluate grant ACTS 01Q: Arthritis, Connective Tissue, and applications. Skin: Quorum.

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Date: October 20–21, 2003. Name of Committee: Musculoskeletal, Oral Scientific Review, National Institutes of Time: 8:30 a.m. to 10 a.m. and Skin Sciences Integrated Review Group, Health, 6701 Rockledge Drive, Room 5217, Agenda: To review and evaluate grant Skeletal Biology Development and Disease MSC 7840, Bethesda, MD 20892, (301) 402– applications. Study Section. 8228. Place: Holiday Inn Select Bethesda, 8120 Date: October 27–28, 2003. This notice is being published less than 15 Wisconsin Ave, Bethesda, MD 20814. Time: 7:30 a.m. to 5 p.m. days prior to the meeting due to the timing Contact Person: Harold M. Davidson, PhD, Agenda: To review and evaluate grant Scientific Review Administrator, Center for applications. limitations imposed by the review and Scientific Review, National Institutes of Place: Washington Marriott Hotel, 1221 funding cycle. Health, 6701 Rockledge Drive, Room 4216, 22nd Street, NW., Washington, DC 20037. Name of Committee: Center for Scientific MSC 7814, Bethesda, MD 20892, 301/435– Contact Person: Priscilla B. Chen, PhD, Review Special Emphasis Panel, Skeletal 1776, [email protected]. Scientific Review Administrator, Center for Biology. This notice is being published less than 15 Scientific Review, National Institutes of Date: October 28, 2003. days prior to the meeting due to the timing Health, 6701 Rockledge Drive, Room 4104, Time: 8 a.m. to 8:30 a.m. limitations imposed by the review and MSC 7814, Bethesda, MD 20892, (301) 435– Agenda: To review and evaluate grant funding cycle. 1787. Name of Committee: Center for Scientific This notice is being published less than 15 applications. Review Special Emphasis Panel, ZRG1 ACTS days prior to the meeting due to the timing Place: Washington Marriott Hotel, 1221 10B: Small Business: Dermatology and limitations imposed by the review and 22nd Street, NW., Washington, DC 20037. Rheumatology. funding cycle. Contact Person: Jo Pelham, BA, Scientific Date: October 21, 2003. Name of Committee: Musculoskeletal, Oral Review Administrator, Center for Scientific Time: 10:30 a.m. to 1 p.m. and Skin Sciences Integrated Review Group, Review, National Institutes of Health, 6701 Agenda: To review and evaluate grant Skeletal Biology Structure and Regeneration Rockledge Drive, Room 4102, MSC 7814, applications. Study Section. Bethesda, MD 20892, (301) 435–1786. Place: Holiday Inn Select Bethesda, 8120 Date: October 27–28, 2003. Wisconsin Ave, Bethesda, MD 20814. Time: 8 a.m. to 5 p.m. (Catalogue of Federal Domestic Assistance Contact Person: Harold M. Davidson, PhD, Agenda: To review and evaluate grant Program Nos. 93.306, Comparative Medicine; Scientific Review Administrator, Center for applications. 93.333, Clinical Research, 93.306, 93.333, Scientific Review, National Institutes of Place: Washington Marriott Hotel, 1221 93.337, 93.393–93.396, 93.837–93.844, Health, 6701 Rockledge Drive, Room 4216, 22nd Street, NW., Washington, DC 20037. 93.846–93.878, 93.892, 93.893, National MSC 7814, Bethesda, MD 20892, (301) 435– Contact Person: Daniel F. McDonald, PhD, Institutes of Health, HHS) 1776, [email protected]. Chief, Musculoskeletal, Oral, and Skin Dated: October 8, 2003. This notice is being published less than 15 Sciences IRG, Center for Scientific Review, days prior to the meeting due to the timing National Institutes of Health, 6701 Rockledge LaVerne Y. Stringfield, limitations imposed by the review and Drive, Room 4214, MSC 7814, Bethesda, MD Director, Office of Federal Advisory funding cycle. 20892, (301) 435–1215, Committee Policy. Name of Committee: Center for Scientific [email protected]. [FR Doc. 03–26159 Filed 10–15–03; 8:45 am] Review Special Emphasis Panel, Microbial This notice is being published less than 15 Genetics. days prior to the meeting due to the timing BILLING CODE 4140–01–M Date: October 23–24, 2003. limitations imposed by the review and Time: 8 a.m. to 5 p.m. funding cycle. Agenda: To review and evaluate grant Name of Committee: AIDS and Related DEPARTMENT OF HEALTH AND applications. Research Integrated Review Group, HUMAN SERVICES Place: St. Gregory Hotel, 2033 M Street, Behavioral and Social Consequences of HIV/ NW., Washington, DC 20036. AIDS Study Section. National Institutes of Health Contact Person: Alexander D. Politis, PhD, Date: October 27–28, 2003. Scientific Review Administrator, Center for Time: 8 a.m. to 6 p.m. Center for Scientific Review; Amended Scientific Review, National Institutes of Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 3210, Notice of Meeting MSC 7808, Bethesda, MD 20892, (301) 435– applications. 1150, [email protected]. Place: Wyndam City Center Hotel, 1143 Notice is hereby given of a change in This notice is being published less than 15 New Hampshire Ave., NW., Washington, DC the meeting of the Adult days prior to the meeting due to the timing 20037. Contact Person: Mark P. Rubert, PhD, Psychopathology and Disorders of Aging limitations imposed by the review and Study Section, October 20, 2003, 9 a.m. funding cycle. Scientific Review Administrator, Center for Scientific Review, National Institutes of to October 21, 2003, 6 p.m. Radisson Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 5218, Barcello, 2121 P Street, NW., Review Special Emphasis Panel, R01 Review MSC 7852, Bethesda, MD 20892, (301) 435– Grant. Washington, DC 20037 which was 2398, [email protected]. Date: October 24, 2003. published in the Federal Register on Time: 10 a.m. to 12 p.m. This notice is being published less than 15 September 16, 2003, 68 FR 54235– days prior to the meeting due to the timing Agenda: To review and evaluate grant 54237. applications. limitations imposed by the review and Place: National Institutes of Health, 6701 funding cycle. The meeting times have been changed Rockledge Drive, Bethesda, MD 20892, Name of Committee: Center for Scientific to 8:30 a.m. on October 20, 2003, to 1 (Telephone Conference Call). Review Special Emphasis Panel, Special R01 p.m. on October 21, 2003. The meeting Contact Person: Raya Mandler, PhD, Review Grant. dates and location remain the same. The Scientific Review Administrator, Center for Date: October 27, 2003. meeting is closed to the public. Scientific Review, National Institutes of Time: 1:30 p.m. to 3:30 p.m. Health, 6701 Rockledge Drive, Room 5217, Agenda: To review and evaluate grant Dated: October 8, 2003. MSC 7840, Bethesda, MD 20892, (301) 402– applications. LaVerne Y. Stringfield, 8228. Place: National Institutes of Health, 6701 Director, Office of Federal Advisory This notice is being published less than 15 Rockledge Drive, Bethesda, MD 20892, Committee Policy. days prior to the meeting due to the timing (Telephone Conference Call). limitations imposed by the review and Contact Person: Raya Mandler, PhD, [FR Doc. 03–26161 Filed 10–16–03; 8:45 am] funding cycle. Scientific Review Administrator, Center for BILLING CODE 4140–01–M

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DEPARTMENT OF HEALTH AND preceding Subcommittee meeting has following: Discuss current regulatory HUMAN SERVICES closed early. Written material and projects, grants, contracts and new requests to make oral presentations issues impacting aftermarket marine National Institutes of Health should reach the Coast Guard on or equipment. before Tuesday, October 28, 2003. Prevention Through People Clinical Center; Amended Notice of Requests to have a copy of your material Subcommittee. The agenda includes the Meeting distributed to each member of the following: Discuss current regulatory Notice is hereby given of a change in committee or subcommittees should projects, grants, contracts and new the meeting of the Board of Governors reach the Coast Guard on or before issues impacting prevention through of the Warren Grant Magnuson Clinical Friday, October 24, 2003. people. Center, September 19, 2003, 9 a.m. to ADDRESSES: NBSAC will meet at the Procedural September 19, 2003, 12 p.m., National Hyatt Regency Chicago on The River All meetings are open to the public. Institutes of Health, Building 10, 10 Walk, 151 East Wacker Drive, Chicago, Please note that the meetings may close Center Drive, Medical Board Room IL 60601. The subcommittee meetings early if all business is finished. At the 2C116, Bethesda, MD 20892 which was will be held at the same address. Send Chairs’ discretion, members of the published in the Federal Register on written material and requests to make public may make oral presentations September 11, 2003, FR68, 176–53614. oral presentations to Mr. Jeff Hoedt, during the meetings. If you would like The meeting will be held October 10, Executive Director of NBSAC, to make an oral presentation at a 2003 from 9 a.m. to 12 p.m. The meeting Commandant (G-OPB–1), U.S. Coast meeting, please notify the Executive is open to the public. Guard Headquarters, 2100 Second Street Director no later than Friday, October SW., Washington, DC 20593–0001. This Dated: October 8, 2003. 24, 2003. Written material for notice is available on the Internet at LaVerne Y. Stringfield, distribution at a meeting should reach http://dms.dot.gov or at the Web Site for Director, Office of Federal Advisory the Coast Guard no later than Friday, the Office of Boating Safety at URL Committee Policy. October 24, 2003. If you would like a address http://www.uscgboating.org. [FR Doc. 03–26146 Filed 10–15–03; 8:45 am] copy of your material distributed to FOR FURTHER INFORMATION CONTACT: BILLING CODE 4140–01–M Jeff each member of the committee or Hoedt, Executive Director of NBSAC, subcommittee in advance of a meeting, telephone 202–267–0950, fax 202–267– please submit 25 copies to the Executive DEPARTMENT OF HOMELAND 4285. You may obtain a copy of this Director no later than Friday, October SECURITY notice by calling the U. S. Coast Guard 24, 2003. Infoline at 1–800–368–5647. Coast Guard SUPPLEMENTARY INFORMATION: Notice of Information on Services for Individuals With Disabilities [USCG–2003–16279] these meetings is given under the Federal Advisory Committee Act, 5 For information on facilities or National Boating Safety Advisory U.S.C. App. 2. services for individuals with disabilities or to request special assistance at the Council Tentative Agendas of Meetings meetings, contact the Executive Director AGENCY: Coast Guard, DHS. National Boating Safety Advisory as soon as possible. ACTION: Notice of meetings. Council (NBSAC). The agenda includes Dated: October 6, 2003. the following: Jeffrey J. Hathaway, SUMMARY: The National Boating Safety (1) Remarks—Rear Admiral Jeffrey J. Advisory Council (NBSAC) and its Hathaway, Director of Operations Policy Rear Admiral, Coast Guard, Director of Operations Policy. subcommittees on boats and associated and Council Sponsor. equipment, aftermarket marine (2) Chief, Office of Boating Safety [FR Doc. 03–26130 Filed 10–15–03; 8:45 am] equipment, and prevention through Update on NBSAC Resolutions. BILLING CODE 4910–15–P people will meet to discuss various (3) Executive Director’s report. issues relating to recreational boating (4) Chairman’s session. DEPARTMENT OF HOMELAND safety. All meetings will be open to the (5) Recreational Boating Safety SECURITY public. Program report. DATES: NBSAC will meet on Saturday, (6) Coast Guard Auxiliary report. Coast Guard November 1, 2003, from 1:30 p.m. to (7) National Association of State 4:30 p.m., on Monday, November 3, Boating Law Administrators Report. [USCG–2003–16297] 2003, from 1:30 p.m. to 4:30 p.m. and (8) Wallop Breaux reauthorization on Tuesday, November 4, 2003, from update. National Preparedness for Response 8:30 a.m. to 12 noon. The Prevention (9) Prevention Through People Exercise Program (PREP) Through People Subcommittee will Subcommittee report. AGENCY: Coast Guard, DHS. meet on Sunday, November 2, 2003, (10) Boats and Associated Equipment ACTION: Notice; request for public from 8:30 a.m. to 12 noon. The Boats Subcommittee report. comments on PREP triennial exercise and Associated Equipment (11) Aftermarket Marine Equipment schedule for 2004, 2005, and 2006. Subcommittee will meet on Sunday, Subcommittee report. November 2, 2003, from 1:30 p.m. to Boats and Associated Equipment SUMMARY: The Coast Guard, the 4:30 p.m. The Aftermarket Marine Subcommittee. The agenda includes the Research and Special Programs Equipment Subcommittee will meet on following: Discuss current regulatory Administration, the Environmental Monday, November 1, 2003, from 8:30 projects, grants, contracts and new Protection Agency and the Minerals a.m. to 12 noon. These meetings may issues impacting boats and associated Management Service, in concert with close early if all business is finished. On equipment. representatives from various State Sunday, November 2, a Subcommittee Aftermarket Marine Equipment governments, industry, environmental meeting may start earlier if the Subcommittee. The agenda includes the interest groups, and the general public,

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developed the Preparedness for The 2003 PREP Guidelines booklet is Washington, DC, between 9 a.m. and 5 Response Exercise Program (PREP) available at no cost on the Internet at p.m., Monday through Friday, except Guidelines to reflect the consensus http://www.uscg.mil/hq/nsfweb/nsfcc/ Federal holidays. agreement of the entire oil spill prep/index.html or by writing or faxing Privacy Act: Anyone can search the response community. This notice the TASC DEPT Warehouse, 33141Q electronic form of all comments announces the PREP triennial cycle, 75th Avenue, Landover, MD 20785, received into any of our dockets by the 2004 through 2006, requests comments facsimile: 301–386–5394. The stock name of the individual submitting the from the public, and requests industry number of the manual is USCG–X0241. comment (or signing the comment, if participants to volunteer for scheduled Please indicate the quantity when submitted on behalf of an association, PREP Area exercises. ordering. Quantities are limited to 10 business, labor union, etc.). You may DATES: Comments and related material per order. review the Department of must reach the Docket Management Public Participation and Request for Transportation’s Privacy Act Statement Facility on or before December 15, 2003. Comments in the Federal Register published on ADDRESSES: You may submit comments April 11, 2000 (65 FR 19477), or you We encourage you to respond to this may visit http://dms.dot.gov. identified by Coast Guard docket notice by submitting comments and number USCG–2003–16297 to the related materials. All comments Background and Purpose Docket Management Facility at the U.S. received will be posted, without change, In 1994, the Coast Guard (USCG) and Department of Transportation. To avoid to http://dms.dot.gov and will include the Research and Special Programs duplication, please use only one of the any personal information you have Administration (RSPA) of the following methods: provided. We have an agreement with Department of Transportation, the U.S. (1) Web Site: http://dms.dot.gov. the Department of Transportation (DOT) Environmental Protection Agency (U.S. (2) Mail: Docket Management Facility, to use the Docket Management Facility. EPA), and the Minerals Management U.S. Department of Transportation, 400 Please see DOT’s ‘‘Privacy Act’’ three Service (MMS) of the Department of Seventh Street SW., Washington, DC paragraphs below. 20590–0001. Submitting comments: If you submit a Interior, coordinated the development of (3) Fax: 202–493–2251. comment, please include your name and the National Preparedness for Response (4) Delivery: Room PL–401 on the address, identify the docket number for Exercise Program (PREP) Guidelines to Plaza level of the Nassif Building, 400 this notice (USCG–2003–16297), provide guidelines for compliance with Seventh Street SW., Washington, DC, indicate the specific section of this the Oil Pollution Act of 1990 (OPA 90) between 9 a.m. and 5 p.m., Monday document to which each comment pollution response exercise through Friday, except Federal holidays. applies, and give the reason for each requirements (33 U.S.C. 1321(j)). The The telephone number is 202–366– comment. You may submit your guiding principles for PREP distinguish 9329. comments and material by electronic between internal and external exercises. (5) Federal eRulemaking Portal: means, mail, fax, or delivery to the Internal exercises are conducted within http://www.regulations.gov. Docket Management Facility at the the plan holder’s organization. External FOR FURTHER INFORMATION CONTACT: If address under ADDRESSES; but please exercises extend beyond the plan you have questions on this notice, or submit your comments and material by holder’s organization to involve other need general information regarding the only one means. If you submit them by members of the response community. PREP Program and the schedule, contact mail or delivery, submit them in an External exercises are separated into Mr. Robert Pond, Office of Response, unbound format, no larger than 81⁄2 by two categories: (1) Area exercises, and Plans and Preparedness Division (G– 11 inches, suitable for copying and (2) Government-initiated unannounced MOR–2), U.S. Coast Guard electronic filing. If you submit them by exercises. These exercises are designed Headquarters, telephone 202–267–6603, mail and would like to know that they to evaluate the entire response fax 202–267–4065 or e-mail reached the Facility, please enclose a mechanism in a given area to ensure [email protected]. If you have stamped, self-addressed postcard or adequate pollution response questions on viewing or submitting envelope. We will consider all preparedness. material to the docket, call Ms. Andrea comments and material received during Since 1994, the USCG, U.S. EPA, M. Jenkins, Program Manager, Docket the comment period. We may change MMS, and RSPA’s Office of Pipeline Operations, telephone 202–366–0271. this triennial exercise schedule in view Safety (OPS) have published a triennial SUPPLEMENTARY INFORMATION: The of them. schedule of Area exercises. In short, the Preparedness for Response Exercise Viewing comments and documents: Area exercises involve the entire Program (PREP) Area exercise schedule To view comments, as well as response community (Federal, State, and exercise design manuals are documents mentioned in this preamble local, and industry participants) and available on the Internet at http:// as being available in the docket, go to therefore, require more extensive www.uscg.mil/hq/nsfweb/nsfcc/prep/ http://dms.dot.gov at any time and planning than other oil spill response index.html. To obtain a hard copy of the conduct a simple search using the exercises. The PREP Guidelines describe exercise design manual, contact Ms. docket number. You may also visit the all of these exercises in more detail. Melanie Barber at the Research and Docket Management Facility in room Table 1 below lists the dates and Special Programs Administration, Office PL–401 on the Plaza level of the Nassif Federal Register cites of past PREP of Pipeline Safety, at 202–366–4560. Building, 400 Seventh Street SW., exercise notices.

TABLE 1—PAST PREP EXERCISE NOTICES

Federal Register Date published Cite Notice

October 30, 2002 ...... 67 FR 66189 PREP triennial exercise schedule for 2003, 2004, and 2005. January 22, 2002 ...... 67 FR 2944 PREP triennial exercise schedule for 2002, 2003, and 2004.

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TABLE 1—PAST PREP EXERCISE NOTICES—Continued

Federal Register Date published Cite Notice

February 9, 2001 ...... 66 FR 9744 PREP triennial exercise schedule for 2001, 2002, and 2003. March 7, 2000 ...... 65 FR 12049 PREP triennial exercise schedule for 2000, 2001, and 2002. June 15, 1999 ...... 64 FR 32090 PREP triennial exercise schedule for 1999, 2000, and 2001. January 8, 1998 ...... 63 FR 1141 PREP triennial exercise schedule for 1998, 1999, and 2000. March 26, 1997 ...... 62 FR 14494 PREP triennial exercise schedule for 1997, 1998, and 1999. January 26, 1996 ...... 61 FR 2568 Correction to PREP triennial exercise schedule for 1996, 1997, and 1998. November 13, 1995 ...... 60 FR 57050 PREP triennial exercise schedule for 1996, 1997, and 1998. October 26, 1994 ...... 59 FR 53858 Revision to PREP triennial exercise schedule for 1995, 1996, and 1997. March 25, 1994 ...... 59 FR 14254 PREP triennial exercise schedule for 1995, 1996, and 1997.

This notice announces the next may call either the Coast Guard or EPA Table 2 below is the PREP schedule triennial schedule of Area exercises. If On-Scene Coordinator (OSC) where the for calendar years 2004, 2005, and 2006. a company wants to volunteer for an exercise is scheduled. Area exercise, a company representative

TABLE 2.—PREP SCHEDULE

Area Agency Qtr 1 Participant

Government-Led Area Exercises

Calendar Year 2004

Guam (Marine Safety Office (MSO) Guam) ...... CG 1 Los Angeles/Long Beach South (MSO LA/LB), SONS 2 ...... CG 2 San Diego (MSO San Diego), SONS 2 ...... CG 2 Prince William Sound (MSO Valdez) ...... CG 4

Calendar Year 2005

Houston-Galveston (MSO Houston) ...... CG 1 Virginia Coastal (MSO Hampton Road) ...... CG 1 Alabama-Mississippi (MSO Mobile) ...... CG 2 Providence (MSO Providence) ...... CG 3 Western Alaska (MSO Anchorage) ...... CG 3 Region V Regional Contingency Plan (RCP) (EPA Region V) ...... EPA 4

Calendar Year 2006

Cleveland, OH (MSO Cleveland) ...... CG 1 Jacksonville, FL (MSO Jacksonville) ...... CG 2 To Be Determined ...... CG 2 Northwest Area-Portland (MSO Portland) ...... CG 3 Region IX RCP or Oceania (EPA Region IX) ...... EPA 3 New Orleans, LA (MSO New Orleans) ...... CG 4

Area Qtr 1 Participant

Industry-Led Area Exercises

Calendar Year 2004

Chicago, IL (MSO Chicago) ...... 2 Long Island Sound (MSO Long Island) ...... 2 Maryland Coastal (MSO Baltimore) ...... 2 San Francisco Bay (MSO San Francisco) ...... 2 South Texas Coast (MSO Corpus Christi) ...... 2 Charleston, SC (MSO Charleston) ...... 3 Morgan City, LA (MSO Morgan City) ...... 3 New York, NY (Activities NY) ...... 3 Savannah, GA (MSO Savannah) ...... 3 Duluth-Superior (MSO Duluth) ...... 4 Eastern Wisconsin (MSO Milwaukee) ...... 4 Northwest-Puget Sound (MSO Puget Sound) ...... 4 Region IV RCP (EPA Region IV) ...... 4 Region VII RCP (EPA Region VII) ...... 4

Calendar Year 2005

Detroit, MI (MSO Detroit) ...... 1

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Area Qtr 1 Participant

Region VIII (EPA Region VIII) ...... 1 Boston (MSO Boston) ...... 2 Hawaiian Islands (MSO Honolulu) ...... 2 South Florida (MSO Miami) ...... 2 South Los Angeles/Long Beach, CA (MSO LA/LB) ...... 2 S. North Carolina (MSO Wilmington) ...... 3 SW La./SE Texas (MSO Port Arthur) ...... 3 Tampa, FL (MSO Tampa) ...... 3 Region X or EPA Alaska RCP (EPA Region X) ...... 4 Sault Ste. Marie, MI (MSO Sault Ste. Marie) ...... 4

Calendar Year 2006

Florida Panhandle (MSO Mobile) ...... 1 SE Alaska (MSO Juneau) ...... 1 Buffalo (MSO Buffalo) ...... 2 Maine-New Hampshire (MSO Portland, ME) ...... 2 Philadelphia, PA (MSO Philadelphia) ...... 2 Region II RCP or Caribbean (EPA Region II) ...... 2 North Coast (CA) Area (MSO San Francisco) ...... 3 Region III RCP (EPA Region III) ...... 3 Region VI RCP (EPA Region VI) ...... 3 Caribbean Area (MSO San Juan) ...... 4 Northern Marianas (MSO Guam) ...... 4 Western Lake Erie (MSO Toledo) ...... 4 1 Quarters: 1 (January-March); 2 (April-June); 3 (July-September); 4 (October-December). 2 SONS: 2004 Spill of National Significance Exercise.

Dated: October 9, 2003. notice is published for the convenience on a quarterly basis. The rates effective Joseph J. Angelo, of the importing public and Customs for a quarter are determined during the Director of Standards, Marine Safety, Security personnel. first-month period of the previous and Environmental Protection. EFFECTIVE DATE: October 1, 2003. quarter. [FR Doc. 03–26129 Filed 10–15–03; 8:45 am] FOR FURTHER INFORMATION CONTACT: In Revenue Ruling 2003–104 (see, BILLING CODE 4910–15–P Ronald Wyman, Accounting Services 2003–39 IRB l, dated September 29, Division, Accounts Receivable Group, 2003), the IRS determined the rates of 6026 Lakeside Boulevard, Indianapolis, interest for the calendar quarter DEPARTMENT OF HOMELAND Indiana 46278; telephone 317/298– beginning October 1, 2003, and ending SECURITY 1200, extension 1349. December 31, 2003. The interest rate SUPPLEMENTARY INFORMATION: paid to the Treasury for underpayments Customs and Border Protection will be the Federal short-term rate (1%) Background Quarterly IRS Interest Rates Used in plus three percentage points (3%) for a Calculating Interest on Overdue Pursuant to 19 U.S.C. 1505 and total of four percent (4%). For corporate Accounts and Refunds on Customs Treasury Decision 85–93, published in overpayments, the rate is the Federal Duties the Federal Register on May 29, 1985 short-term rate (1%) plus two (50 FR 21832), the interest rate paid on percentage points (2%) for a total of AGENCY: Customs and Border Protection, applicable overpayments or three percent (3%). For overpayments Department of Homeland Security. underpayments of Customs duties must made by non-corporations, the rate is ACTION: General notice. be in accordance with the Internal the Federal short-term rate (1%) plus Revenue Code rate established under 26 three percentage points (3%) for a total SUMMARY: This notice advises the public U.S.C. 6621 and 6622. Section 6621 was of four percent (4%). These interest of the quarterly Internal Revenue amended (at paragraph (a)(1)(B) by the rates are subject to change for the Service interest rates used to calculate Internal Revenue Service Restructuring calendar quarter beginning January 1, interest on overdue accounts and Reform Act of 1998, Pub. L. 105– 2004, and ending March 31, 2004. (underpayments) and refunds 206, 112 Stat. 685) to provide different For the convenience of the importing (overpayments) of Customs duties. For interest rates applicable to public and Customs personnel the the calendar quarter beginning October overpayments: one for corporations and following list of IRS interest rates used, 1, 2003, the interest rates for one for non-corporations. covering the period from before July of overpayments will be 3 percent for The interest rates are based on the 1974 to date, to calculate interest on corporations and 4 percent for non- Federal short-term rate and determined overdue accounts and refunds of corporations, and the interest rate for by the Internal Revenue Service (IRS) on Customs duties, is published in underpayments will be 4 percent. This behalf of the Secretary of the Treasury summary format.

Corporate Underpay- Overpayments overpayments Beginning date Ending date ments (percent) (Eff. 1–1–99) (percent) (percent)

070174 ...... 063075 6 6 ......

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Corporate Underpay- Overpayments overpayments Beginning date Ending date ments (percent) (Eff. 1–1–99) (percent) (percent)

070175 ...... 013176 9 9 ...... 020176 ...... 013178 7 7 ...... 020178 ...... 013180 6 6 ...... 020180 ...... 013182 12 12 ...... 020182 ...... 123182 20 20 ...... 010183 ...... 063083 16 16 ...... 070183 ...... 123184 11 11 ...... 010185 ...... 063085 13 13 ...... 070185 ...... 123185 11 11 ...... 010186 ...... 063086 10 10 ...... 070186 ...... 123186 9 9 ...... 010187 ...... 093087 9 8 ...... 100187 ...... 123187 10 9 ...... 010188 ...... 033188 11 10 ...... 040188 ...... 093088 10 9 ...... 100188 ...... 033189 11 10 ...... 040189 ...... 093089 12 11 ...... 100189 ...... 033191 11 10 ...... 040191 ...... 123191 10 9 ...... 010192 ...... 033192 9 8 ...... 040192 ...... 093092 8 7 ...... 100192 ...... 063094 7 6 ...... 070194 ...... 093094 8 7 ...... 100194 ...... 033195 9 8 ...... 040195 ...... 063095 10 9 ...... 070195 ...... 033196 9 8 ...... 040196 ...... 063096 8 7 ...... 070196 ...... 033198 9 8 ...... 040198 ...... 123198 8 7 ...... 010199 ...... 033199 7 7 6 040199 ...... 033100 8 8 7 040100 ...... 033101 9 9 8 040101 ...... 063001 8 8 7 070101 ...... 123101 7 7 6 010102 ...... 123102 6 6 5 010103 ...... 093003 5 5 4 100103 ...... 123103 4 4 3

Dated: October 8, 2003. Reduction Act. The Department is This Notice is soliciting comments Robert C. Bonner, soliciting public comments on the from members of the public and affected Commissioner, Customs and Border subject proposal. agencies concerning the proposed Protection. collection of information to: (1) Evaluate DATES: Comments Due Date: December whether the proposed collection of [FR Doc. 03–26109 Filed 10–15–03; 8:45 am] 15, 2003. BILLING CODE 4820–02–P information is necessary for the proper ADDRESSES: Interested persons are performance of the functions of the invited to submit comments regarding agency, including whether the DEPARTMENT OF HOUSING AND this proposal. Comments should refer to information will have practical utility; URBAN DEVELOPMENT the proposal by name and/or OMB (2) evaluate the accuracy of the agency’s Control number and should be sent to: estimate of the burden of the proposed [Docket No. FR 4817–N–18] Mildred M. Hamman, Reports Liaison collection of information; (3) enhance Officer, Public and Indian Housing, the quality, utility, and clarity of the Notice of Proposed Information Department of Housing and Urban information to be collected; and (4) Collection for Public Comment—Public Development, 451 7th Street, SW., minimize the burden of the collection of Housing Operating Subsidy Program Room 4249, Washington, DC 20410– information on those who are to Computation of Payments in Lieu of 5000. respond, including through the use of Taxes Form appropriate automated collection FOR FURTHER INFORMATION CONTACT: AGENCY: techniques or other forms of information Office of the Assistant Mildred M. Hamman, (202) 708–0614, Secretary for Public and Indian technology; e.g., permitting electronic extension 4128. (This is not a toll-free submission of responses. Housing, HUD. number). ACTION: Notice. The Public Housing Computation of SUPPLEMENTARY INFORMATION: The Payment in Lieu of Taxes (PILOT) form SUMMARY: The proposed information Department will submit the proposed is used by the Department to collect collection requirement described below information collection to OMB for information from Public Housing will be submitted to the Office of review, as required by the Paperwork Agencies (PHAs), financial data on Management and Budget (OMB) for Reduction Act of 1995 (44 U.S.C. supporting funding request under the review, as required by the Paperwork Chapter 35, as amended). operating subsidy program.

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The title, purpose, and estimated time cost paid to PHAs for payments in lieu agencies: 3,200 respondents, one it will take applicants to complete the of taxes to local governments. The form response per year; .4 hours per form is described in the section below. captures specific financial data to detail response; 1,280 total burden hours. This Notice also lists the following the allowed amount of the payments in Status of the proposed information information: lieu of taxes in accordance with collection: Reinstatement, without Title of Proposal: Computation of regulatory requirements. change, of previously approved Payment in Lieu of Taxes. Agency form numbers, if applicable: collection for which approval has OMB Control Number: 2577–0072. HUD–52267. Description of the need for the expired. information and proposed use: In order Members of affected public: Local, Authority: Section 3506 of the Paperwork for the Department to adequately and State, or Tribal Governments, and Reduction Act of 1995, 44 U.S.C. Chapter 35, accurately fund the statutorily required Resident Associations. as amended. payments in lieu of taxes, the Estimation of the total number of Paula O. Blunt, Department collects data from PHAs to hours needed to prepare the information support this cost. collection including number of General Deputy Assistant Secretary for Public The form is used by the Department respondents, frequency of response, and and Indian Housing. for calculation and documentation of hours of response: For public housing BILLING CODE 4210–33–M

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[FR Doc. 03–26088 Filed 10–15–03; 8:45 am] of the public and affected agencies have In addition, nongovernment BILLING CODE 4210–33–C an opportunity to comment on organizations, including the commercial information collection and wildlife community, request recordkeeping activities (see 5 CFR information from us that we obtain from DEPARTMENT OF THE INTERIOR 1320.8(d)). Form 3–177. You must file Form 3–177 We have submitted a request to OMB with us at the time and port where you Fish and Wildlife Service to renew its approval of the collection request clearance of your import or of information included on Form 3–177, export wildlife shipment. In certain Information Collection Renewal To Be Declaration For Importation or instances, Form 3–177 may be filed with Submitted to the Office of Management Exportation of Fish or Wildlife. The the U.S. Bureau of Customs and Border and Budget (OMB) for Approval Under current OMB control number for Form Protection. The standard information the Paperwork Reduction Act; 3–177 is 1018–0012, and the OMB collection includes the name of the Declaration for Importation or approval for this collection of importer or exporter and broker, the Exportation of Fish or Wildlife information expires on October 31, scientific and common name of the fish 2003. This form (with instructions for or wildlife, permit numbers (if a permit AGENCY: Fish and Wildlife Service, its completion) is now available for is required), a description of the fish or Interior. electronic submission at the following wildlife, quantity and value of the fish ACTION: Notice; request for comments. Web site: https://edecs.fws.gov. We are or wildlife, and natural country of origin requesting a three year term of approval SUMMARY: The U.S. Fish and Wildlife of the fish or wildlife. In addition, for this information collection activity. Service (We) has submitted the certain information, such as the airway We may not conduct or sponsor, and collection of information described bill or bill of lading number, the you are not required to respond to, a below to OMB for approval under the location of the wildlife shipment, and collection of information unless it provisions of the Paperwork Reduction the number of cartons containing fish or displays a currently valid OMB control Act of 1995. A description of the wildlife, assists our wildlife inspectors number. if a physical examination of the information collection requirement is The Endangered Species Act (16 included in this notice. If you wish to shipment is required. U.S.C. 1531 et seq.) makes it unlawful Title: Declaration for Importation or obtain copies of the information to import or export fish, wildlife, or collection requirements, related forms, Exportation of Fish or Wildlife. plants without filing a declaration or Approval Number: 1018–0012. or explanatory material, contact the report deemed necessary for enforcing Service Form Number: 3–177. Service Information Collection the Act or upholding the Convention on Associated Regulations: 50 CFR 14.61 Clearance Officer at the address or International Trade in Endangered through 14.64. telephone number listed below. Species (CITES) (see 16 U.S.C. 1538(e)). Frequency of Collection: Whenever DATES: We will accept comments until The U.S. Fish and Wildlife Service’s clearance is requested for an November 17, 2003. Form 3–177, Declaration for Importation importation or exportation of fish, ADDRESSES: Submit your comments on or Exportation of Fish or Wildlife, is the wildlife, or wildlife products. this information collection renewal to declaration form required of any Description of Respondents: the Desk Officer for the Department of business or individual importing into or Businesses or individuals that import or the Interior at OMB–OIRA via facsimile exporting from the United States any export fish, wildlife, or wildlife or e-mail using the following fax fish, wildlife, or wildlife products. The products; scientific institutions that number or e-mail address: (202) 395– information collected is unique to each import or export fish or wildlife 6566 (fax); wildlife shipment and enables us to scientific specimens; government [email protected] (e-mail). accurately inspect the contents of the agencies that import or export fish or Please provide a copy of your comments shipment; enforce any regulations that wildlife specimens for various purposes. to the Fish and Wildlife Service’s pertain to the fish, wildlife, or wildlife Total Annual Responses: Information Collection Clearance products contained in the shipment; Approximately 120,000 individual Form Officer, 4401 N. Fairfax Dr., MS 222 and maintain records of the importation 3–177s are filed with us in a fiscal year. ARLSQ, Arlington, VA 22207; (703) and exportation of these commodities. Total Annual Burden Hours: The total 358–2269 (fax); or Additionally, since the United States is annual burden is approximately 26,832 [email protected] (e-mail). a member of CITES, much of the hours. We estimate that approximately Form 3–177 (with instructions for its collected information is compiled in an two-thirds (67%), or 80,400, of these completion) is available for electronic annual report that is forwarded to the responses will be completed by hand. submission using the electronic CITES Secretariat in Geneva, Each of these responses will require declaration system (eDecs) at the Switzerland. Submission of an annual approximately .25 hours (15 minutes) of following Web site: https:// report on the number and types of the importer’s or exporter’s time. This edecs.fws.gov. imports and exports of fish, wildlife, amount includes approximately .08 and wildlife products is one of our hours (5 minutes) for reviewing FOR FURTHER INFORMATION CONTACT: To treaty obligations under CITES. We also instructions and approximately .17 request a copy of the information use the information obtained from Form hours (10 minutes) to complete Form 3– collection request, related forms, or 3–177 as an enforcement tool and 177. We estimate that approximately explanatory material, contact Anissa management aid in monitoring the one-third (33%), 39,600, of the Craghead at telephone number (703) international wildlife market and responses received will be submitted 358–2445, or electronically at _ detecting trends and changes in the electronically. Using eDecs should Anissa [email protected]. commercial trade of fish, wildlife, and reduce the time to complete Form 3–177 SUPPLEMENTARY INFORMATION: OMB wildlife products. Our Division of to about .08 hours (5 minutes) per regulations at 5 CFR 1320, which Scientific Authority and Division of response. Therefore, the total time to implement provisions of the Paperwork Management Authority use this review instructions (.08 hours/5 Reduction Act of 1995 (44 U.S.C. 3501 information to assess the need for minutes) and complete Form 3–177 et seq.), require that interested members additional protection for native species. electronically amounts to approximately

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.17 hours (10 minutes) per response. As ACTION: Notice of document availability. public review and comment be provided such, the total estimated reporting during recovery plan development. We burden for completing Form 3–177 is SUMMARY: The U.S. Fish and Wildlife will consider all information presented approximately 26,832 hours [(80,400 × Service (‘‘we’’) announce the during a public comment period prior to .25 hours = 20,100 hours) + (39,600 × availability for public review and approval of each new or revised .17 hours = 6,732 hours)]. The estimate comment, the Draft Revised Recovery recovery plan. We, along with other of electronic responses we expect to Plan for Hawaiian Forest Birds. There Federal agencies, will also take these receive is based upon a recent pilot are 21 bird taxa included in this plan, comments into account in the course of program of eDecs. We anticipate that the 19 are listed as endangered, 1 is a implementing approved recovery plans. use of eDecs will expand in the future, candidate species for Federal listing, Individual responses to comments will which would further reduce the burden and 1 is a species of concern. These taxa not be provided. on the public. are from four bird families, with the This Draft Revised Recovery Plan for majority being Hawaiian Honeycreepers We invite comments concerning this Hawaiian Forest Birds addresses 21 bird (subfamily Drepanidinae within renewal on: (1) Whether the collection taxa. Three taxa are endemic to the Fringillidae). This is a new recovery of information is useful and necessary island of Hawai’i, four taxa are endemic plan for two of the listed birds. for us to do our job, (2) the accuracy of to the island of Maui, one taxon is our estimate of the burden on the public DATES: Comments on the draft recovery endemic to the island of Moloka’i, two to complete the form; (3) ways to plan received by December 15, 2003, taxa are endemic to the island of O’ahu, enhance the quality and clarity of the will receive our consideration. and six taxa are endemic to the island of Kaua’i. Two taxa are endemic to all information to be collected; and (4) ADDRESSES: The document is available the major islands of Hawai’i, two taxa ways to minimize the burden of the online at http://www.rl.fws.gov/ are endemic to the islands of Maui and collection on respondents, including ecoservices/endangered/recovery/ Moloka’i, and one taxon is endemic to use of appropriate automated, default.htm. Copies of the draft revised the islands of Moloka’i and La¯’i. The electronic, mechanical, or other recovery plan are available for birds federally listed as endangered are: technological collection techniques or inspection, by appointment, during Maui nuku pu’u (Hemignatus lucidus other forms of information technology. normal business hours at the following affinus); Kaua’i nuku pu’u This information collection is part of a location: U.S. Fish and Wildlife Service, (Hemignathus lucidus hanapepe); system of records covered by the Pacific Islands Fish and Wildlife Office, Kaua‘i ‘akialoa (Hemignathus procerus); Privacy Act (5 U.S.C. 552(a)). 300 Ala Moana Boulevard, Room 3–122, P.O. Box 50088, Honolulu, Hawaii ’o¯’o¯’a¯’a¯ or Kaua’ı¯’o¯’o¯ Moho braccatus); Our practice is to make comments, oloma’o or Moloka’i thrush (Myadestes including names and home addresses of 96850 (phone: 808/541–3441) and Hawaii State Library, 478 S. King Street, lanaiensis rutha); ka¯ma’o or large Kaua’i respondents, available for public review thrush (Myadestes myadestinus); during regular business hours. Honolulu, Hawaii 96813. Requests for copies of the draft revised recovery plan ka¯ka¯wahie or Moloka’i creeper Individual respondents may request that (Paroreomyza flammea); O’ahu we withhold their home addresses from and written comments and materials regarding this plan should be addressed ’a¯lauahio or O’ahu creeper the record, which we will honor to the (Paroreomyza maculata); Maui ’a¯kepa extent allowable by law. There may also to Paul Henson, Field Supervisor, Ecological Services, at the above U.S. (Loxops coccineus ochraceus); ’o¯’u¯ be limited circumstances in which we (Psittirostra psittacea); po’ouli would withhold a respondent’s identity Fish and Wildlife Service Honolulu address. (Melamprosops phaeosoma); puaiohi or from the rulemaking record, as small Kaua’i thrush (Myadestes allowable by law. If you wish us to FOR FURTHER INFORMATION CONTACT: Jay palmeri); Maui parrotbill (Pseudonesor withhold your name and/or address, Nelson, Fish and Wildlife Biologist, at xanthophrys); ’akia po¯la¯’au you must state this clearly at the the above Honolulu address. (Hemignathus munroi); palila (Loxioides beginning of your comment. We will not SUPPLEMENTARY INFORMATION: bailleui); ’a¯ kohekohe or crested consider anonymous comments. We Background honeycreeper (Palmeria dolei); O’ahu generally make all submissions from ’elepaio (Chasiempis sandwichensis organizations or businesses, and from Recovery of endangered or threatened ibidis); Hawai’i ’a¯ kepa (Loxops individuals identifying themselves as animals and plants is a primary goal of coccineus coccineus); and Hawai’i representatives or officials of our endangered species program and the creeper (Oreomystis mana). The organizations or businesses, available Endangered Species Act (Act) (16 U.S.C. candidate species is the Kaua’i creeper for public inspection in their entirety. 1531 et seq. Recovery means (Oreomystis bairdi), and the species of Dated: September 22, 2003. improvement of the status of listed concern is the Bishop’s ’o¯’o¯ (Moho species to the point at which listing is Anissa Craghead, bishopi). no longer appropriate under the criteria Most taxa are now found only in Information Collection Officer, Fish and set out in section 4(a)(1) of the Act. upper elevation rain forests on the Wildlife Service. Recovery plans describe actions islands of Hawai’i, Maui, and Kaua’i. [FR Doc. 03–26120 Filed 10–15–03; 8:45 am] considered necessary for the The palila is limited to dryland forests BILLING CODE 4310–55–P conservation of the species, establish on Mauna Kea volcano on the island of criteria for downlisting or delisting Hawai’i. The O’ahu ’elepaio occurs at listed species, and estimate time and elevations as low as 100 meters (330 DEPARTMENT OF THE INTERIOR cost for implementing the measures feet) in non-native forests on the island Fish and Wildlife Service needed for recovery. of O’ahu. Sub-fossil records and The Act requires the development of observations by early naturalists to the Draft Revised Recovery Plan for recovery plans for listed species unless Hawaiian islands indicate that most of Hawaiian Forest Birds such a plan would not promote the the species included in this plan once conservation of a particular species. occurred at lower elevations. These taxa AGENCY: U.S. Fish and Wildlife Service, Section 4(f) of the Act requires that and their habitats have been variously Interior. public notice and an opportunity for affected or are currently threatened by

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one or more of the following: habitat second separate and distinct population, ACTION: Notice of public meeting. degradation by wild, feral, or domestic and further opportunities for habitat animals (pigs, goats, and deer); restoration do not exist. In these SUMMARY: In accordance with the predation by animals (rats, cats, and situations a species is unlikely to be Federal Land Policy and Management mongoose); avian disease (malaria and delisted (by the criteria listed below), Act and the Federal Advisory avian pox); and habitat loss due to and downlisting is considered the Committee Act of 1972, the U.S. agriculture, ranching, forest cutting, and interim recovery objective. Department of the Interior, Bureau of urbanization. Threats also include the The draft revised recovery plan Land Management, New Mexico expansion of invasive non-native plant indicates that a taxon may be Resource Advisory Council (RAC) will species into native-dominated plant reclassified from endangered to meet as indicated below. communities. In addition, due to the threatened based on the following small number of existing individuals criteria apply: (1) The species occurs in DATES: The meeting will be held on and their very narrow distribution, these two or more viable populations or a November 13–14, 2003, at the Hotel taxa and most of their populations are viable metapopulation that represent the Santa Fe, 1501 Paseo de Peralta, Santa subject to an increased likelihood of ecological, morphological, behavioral, Fe, New Mexico, beginning at 8 a.m. extinction from naturally-occurring and genetic diversity of the species; (2) both days. The meeting will adjourn events such as hurricanes. quantitative surveys show either (a) the approximately 5 p.m. on Thursday and The objective of this plan is to number of individuals in each isolated 1 p.m. on Friday. The two established provide a framework for the recovery of population or in the metapopulation has RAC subcommittees may have a late these 21 taxa so that their protection by been stable or increasing for 15 afternoon or an evening meeting on the Act is no longer necessary. Recovery consecutive years, or (b) demographic Thursday, November 13, 2003. will require protecting and managing monitoring exhibits an average intrinsic forest bird habitat to maintain and growth rate (lambda, L) not less than 1.0 On Wednesday, November 12, 2003, enhance viable populations of over a period of at least 15 consecutive there will be a half-day orientation for endangered Hawaiian forest birds. years; and total population size is not new RAC members. An optional field Recovery actions include: measures to expected to decline by more than 20 trip is planned for the afternoon of protect habitat where the taxa occur; percent within the next 15 consecutive November 12, 2003. The public restoration of degraded habitat; removal years for any reason; (3) sufficient comment period is scheduled for of feral ungulates from habitat areas; habitat is protected and managed to Wednesday, November 12, 2003, from control of introduced rodents and feral achieve criteria 1 and 2 above; and (4) 6–8 p.m. The public may present cats that feed on forest birds; control of the major threats that were responsible written comments to the RAC. Each invasive plant species; reduction in for the species becoming endangered formal Council meeting will also have numbers of mosquito breeding sites; have been identified and controlled. time allocated for hearing public captive propagation and translocation; The draft revised plan indicates comments. Depending on the number of and the development of means to delisting a taxon may be considered on persons wishing to comment and time address threats of avian disease. the basis of persistence of those criteria available, individual oral comments Management emphasis may differ for a period of 30 consecutive years. among species, as taxa are affected may be limited. differently and to varying degrees by Public Comments Solicited SUPPLEMENTARY INFORMATION: The 15- different limiting factors. Habitat We solicit written comments on the member RAC advises the Secretary of management and restoration will draft revised recovery plan described. the Interior, through the Bureau of Land encourage the expansion of current All comments received by the date Management, on a variety of planning populations into unoccupied habitat. specified above will be considered in and management issues associated with However, the establishment of new developing a final revised Hawaiian public land management in New populations using various translocation forest bird recovery plan. Mexico. All meetings are open to the and/or captive propagation techniques public. At this meeting, topics for will be needed in some cases to Authority discussion include: accelerate population expansion and to The authority for this action is section Access, healthy forest initiative, land establish new populations in suitable 4(f) of the Endangered Species Act, 16 disposal, overview of the vegetation habitat. U.S.C. 1533 (f). Recovery objectives for each taxon are monitoring and analysis pilot project in to: (1) Restore populations to levels that Dated: August 19, 2003. New Mexico, oil and gas reclamation allow the taxon to persist despite David J. Wesley, standards, update on Otero Mesa, BLM/ demographic and environmental chance Deputy Regional Director, Region 1, Fish and New Mexico Association of Counties events, and are large enough to allow Wildlife Service. liaison role, and preview of the legacy natural demographic and evolutionary [FR Doc. 03–26112 Filed 10–15–03; 8:45 am] lands program. processes to occur; (2) to protect enough BILLING CODE 4310–55–P habitat to support these population FOR FURTHER INFORMATION CONTACT: levels; and (3) to identify and remove Theresa Herrera, New Mexico State the threats responsible for a taxon’s DEPARTMENT OF THE INTERIOR Office, Office of External Affairs, Bureau endangered status. For all taxa, of Land Management, P.O. Box 27115, stabilization is the first (interim) Bureau of Land Management San Fe, New Mexico 87502–0115, (505) objective. For species that are 438–7517. [NM–910–04–1020–PG] exceedingly rare (no individuals can Dated: October 9, 2003. currently be located), an interim Notice of Public Meeting, New Mexico Ron Dunton, objective is to first locate remaining Resource Advisory Council Meeting individuals. In a few cases, insufficient Acting State Director. forest bird habitat remains within a AGENCY: Bureau of Land Management, [FR Doc. 03–26113 Filed 10–15–03; 8:45 am] species’ historic range to establish a Department of the Interior. BILLING CODE 4310–FB–M

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DEPARTMENT OF THE INTERIOR 87502–0115. Copies may be obtained (4) Minimize the burden of the from this office upon payment of $1.10 collection of information on those who Bureau of Land Management per sheet. are to respond, including through the [NM–952–03–1420–BJ] Dated: August 26, 2003. use of appropriate automated, Robert A. Casias, electronic, mechanical, or other Notice of Filing of Plats of Survey; New Chief Cadastral Surveyor. technological collection techniques or Mexico [FR Doc. 03–26182 Filed 10–15–03; 8:45 am] other forms of information technology, e.g., permitting electronic submission of AGENCY: Bureau of Land Management, BILLING CODE 4310–FB–P responses. Interior. ACTION: Notice. Overview of this information DEPARTMENT OF JUSTICE collection: SUMMARY: The plats of survey described (1) Type of Information Collection: below are scheduled to be officially Bureau of Alcohol, Tobacco, Firearms and Explosives Extension of a currently approved filed in the New Mexico State Office, collection. Bureau of Land Management, Santa Fe, Agency Information Collection New Mexico, (30) thirty calendar days (2) Title of the Form/Collection: Activities: Proposed Collection; from the date of this publication. Release and Receipt of Imported Comments Requested SUPPLEMENTARY INFORMATION: Firearms, Ammunition and Implements of War. ACTION: 60-Day notice of information Supplemental Plat for: collection under review: release and (3) Agency form number, if any, and T. 10 S., R. 26 E., approved July 28, 2003, receipt of imported firearms, the applicable component of the NM; ammunition and implements of war. Department of Justice sponsoring the T. 13 S., R. 4 W., approved August 15 2003, collection: Form Number: ATF F 6A NM; The Department of Justice (DOJ), (5330.3C). Bureau of Alcohol, Tobacco, Bureau of Alcohol, Tobacco, Firearms Protraction Diagrams for: Firearms and Explosives, Department of and Explosives (ATF), has submitted the Justice. T. 17 S., R. 11 E., approved June 18, 2003, following information collection request NM; to the Office of Management and Budget (4) Affected public who will be asked T. 10 S., R. 12 E., approved June 24, 2003, or required to respond, as well as a brief NM; (OMB) for review and approval in accordance with the Paperwork abstract: Primary: Individuals or New Mexico Principal Meridian, New Reduction Act of 1995. The proposed households. Other: Business or other Mexico: information collection is published to for-profit, Not-for-profit institutions. T. 16 N., R. 6 W., approved July 16, 2003, for obtain comments from the public and The data provided by this information Group 995 NM; affected agencies. Comments are collection request is used by ATF to T. 23 N., R. 10 E., approved August 21, 2003, encouraged and will be accepted for for Group 1011 NM; determine if articles imported meet the ‘‘sixty days’’ until December 15, 2003. statutory and regulatory criteria for Sixth Principal Meridian, Kansas: This process is conducted in accordance importation and if the articles shown on T. 33 S., R 41 W., approved August 15, 2003, with 5 CFR 1320.10. the permit application have been for Group 25 KS; If you have comments especially on actually imported. the estimated public burden or If a protest against a survey, as shown associated response time, suggestions, (5) An estimate of the total number of on any of the above plats is received or need a copy of the proposed respondents and the amount of time prior to the date of official filing, the information collection instrument with estimated for an average respondent to filing will be stayed pending instructions or additional information, respond: It is estimated that 20,000 consideration of the protest. A plat will please contact Tom Stewart, Chief, respondents will complete a 24-minute not be officially filed until the day after Firearms and Explosives Import Branch, form. all protests have been dismissed and Room 5100, 650 Massachusetts Avenue become final or appeals from the (6) An estimate of the total public NW., Washington, DC 20226. dismissal affirmed. burden (in hours) associated with the Written comments and suggestions collection: There are 8,000 estimated A person or party who wishes to from the public and affected agencies protest against any of these surveys annual total burden hours associated concerning the proposed collection of with this collection. must file a written protest with the NM information are encouraged. Your State Director, Bureau of Land comments should address one or more If additional information is required Management, stating that they wish to of the following four points: contact: Brenda E. Dyer, Deputy protest. (1)Evaluate whether the proposed Clearance Officer, Policy and Planning A statement of reasons for a protest collection of information is necessary Staff, Justice Management Division, may be filed with the notice of a protest for the proper performance of the Department of Justice, Patrick Henry to the State Director, or the statement of functions of the agency, including Building, Suite 1600, 601 D Street, NW., reasons must be filed with the State whether the information will have Washington, DC 20530. Director within thirty (30) days after the practical utility; Dated: October 9, 2003. protest is filed. The above-listed plats (2) Evaluate the accuracy of the represent dependent resurveys, surveys, agencies estimate of the burden of the Brenda E. Dyer, and subdivisions. proposed collection of information, Deputy Clearance Officer, Department of FOR FURTHER INFORMATION CONTACT: including the validity of the Justice. These plats will be available for methodology and assumptions used; [FR Doc. 03–26261 Filed 10–15–03; 8:45 am] inspection in the New Mexico State (3) Enhance the quality, utility, and BILLING CODE 4410–FY–P Office, Bureau of Land Management, clarity of the information to be P.O. Box 27115, Santa Fe, New Mexico, collected; and

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DEPARTMENT OF JUSTICE use of appropriate automated, DEPARTMENT OF JUSTICE electronic, mechanical, or other Federal Bureau of Investigation technological collection techniques or Federal Bureau of Investigation other forms of information technology, Agency Information Collection Agency Information Collection e.g., permitting electronic submission of Activities: Proposed Collection; Activities: Proposed Collection; responses. Comments Requested Comments Requested Overview of This Information ACTION: 30-Day Notice of Information Collection ACTION: 30-Day Notice of Information Collection Under Review: Cost Recovery Collection Under Review: Flexible Regulations, Communications (1) Type of Information Collection: Deployment Assistance Guide. Assistance for Law Enforcement Act of Reinstatement, without change, of a 1994. previously approved collection for The Department of Justice (DOJ), which approval has expired. Federal Bureau of Investigation has The Department of Justice (DOJ), submitted the following information Federal Bureau of Investigation has (2) Title of the Form/Collection: Cost collection request to the Office of submitted the following information Recovery Regulations, Communications Management and Budget (OMB) for collection request to the Office of Assistance for Law Enforcement Act of review and approval in accordance with Management and Budget (OMB) for 1994. the Paperwork Reduction Act of 1995. review and approval in accordance with (3) Agency form number, if any, and The proposed information collection is the Paperwork Reduction Act of 1995. the applicable component of the published to obtain comments from the The proposed information collection is Department sponsoring the collection: public and affected agencies. This published to obtain comments from the None. Federal Bureau of Investigation, proposed information collection was public and affected agencies. This United States Department of Justice. previously published in the Federal proposed information collection was Register Volume 68, Number 147, on previously published in the Federal (4) Affected public who will be asked page 44969 on July 31, 2003, allowing Register Volume 68, Number 127, page or required to respond, as well as a brief for a 60 day comment period. 39597 on July 2, 2003, allowing for a 60- abstract: Primary: Business or other for- The purpose of this notice is to allow day comment period. profit. Other: None. This collection is for an additional 30 days for public The purpose of this notice is to allow facilitated by the procedures whereby comment until November 17, 2003. This for an additional 30 days for public telecommunications carriers can recover process is conducted in accordance with comment until November 17, 2003. This the costs associated with complying 5 CFR 1320.10. process is conducted in accordance with with the Communications Assistance for Written comments and/or suggestions 5 CFR 1320.10. Law Enforcement Act, which went into regarding the items contained in this Written comments and/or suggestions effect on October 25, 1994. notice, especially the estimated public regarding the items contained in this (5) An estimate of the total number of burden and associated response time, notice, especially the estimated public respondents and the amount of time should be directed to The Office of burden and associated response time, Management and Budget, Office of estimated for an average respondent to should be directed to The Office of Information and Regulatory Affairs, respond/reply: The average time burden Management and Budget, Office of Attention Department of Justice Desk of the approximately 3,000 respondents Information and Regulatory Affairs, Officer, Washington, DC 20503. Attention Department of Justice Desk to provide the information requested is Additionally, comments may be Officer, Washington, DC 20503. approximately four hours per submitted to OMB via facsimile to (202) Additionally, comments may be telecommunications switch. 395–7285. Written comments and submitted to OMB via facsimile to (6) An estimate of the total public suggestions from the public and affected (202)–395–7285. burden (in hours) associated with the agencies concerning the proposed Written comments and suggestions collection: The total annual hour collection of information are from the public and affected agencies burden, to provide the information encouraged. Your comments should concerning the proposed collection of necessary to file a claim under the Cost address one or more of the following information are encouraged. Your Recovery Regulation, is approximately four points: comments should address one or more 46,000 annual burden hours. (1) Evaluate whether the proposed of the following four points: collection of information is necessary If additional information is required (1) Evaluate whether the proposed for the proper performance of the collection of information is necessary contact: Brenda E. Dyer, Deputy functions of the agency, including for the proper performance of the Clearance Officer, United States whether the information will have functions of the agency, including Department of Justice, Justice practical utility; whether the information will have Management Division, Policy and (2) Evaluate the accuracy of the practical utility; Planning Staff, Patrick Henry Building, agencies estimate of the burden of the (2) Evaluate the accuracy of the Suite 1600, 601 D Street NW., proposed collection of information, agencies estimate of the burden of the Washington, DC 20530. including the validity of the proposed collection of information, Dated: October 10, 2003. methodology and assumptions used; including the validity of the Brenda E. Dyer, (3) Enhance the quality, utility, and methodology and assumptions used; clarity of the information to be (3) Enhance the quality, utility, and Deputy Clearance Officer, Department of collected; and Justice. clarity of the information to be (4) Minimize the burden of the collected; and [FR Doc. 03–26262 Filed 10–15–03; 8:45 am] collection of information on those who (4) Minimize the burden of the BILLING CODE 4410–02–P are to respond, including through the collection of information on those who use of appropriate automated, are to respond, including through the electronic, mechanical, or other

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technological collection techniques or Collection Semi-Annual Progress Report (2) Title of the form/collection: Semi- other forms of information technology, for Grants to Encourage Arrest Polices Annual Progress Report for Grants to e.g., permitting electronic submission of and Enforcement of Protection Orders Encourage Arrest Policies and responses. Program. Enforcement of Protection Orders Program. Overview of This Information The Department of Justice, Office of (3) Agency form number, if any, and Collection Justice Programs, Office on Violence the applicable component of the (1) Type of information collection: Against Women, has submitted the Department of Justice sponsoring the Reinstatement, without change, of a following information collection request collection: Form Number: none. Office previously approved collection for for review and clearance in accordance on Violence Against Women, Office of which approval has expired. with the Paperwork Reduction Act of Justice Programs, United States (2) Title of the form/collection: 1995. Office of Management and Budget Department of Justice. Flexible Deployment Assistance Guide. approval is being sought for the (4) Affected public who will be asked (3) Agency form number, if any, and information collection listed below. or required to respond, as well as a brief the applicable component of the This proposed information collection abstract: Primary: The affected public Department sponsoring the collection: was previously published in the Federal includes approximately 200 grantees of None. Federal Bureau of Investigation, Register, Volume 68, Number 147, page the Grants to Encourage Arrest Policies United States Department of Justice. 44696, on July 31, 2003, allowing for a and Enforcement of Protection Orders (4) Affected public who will be asked 60-day public comment period. Program (Arrest Program) whose or required to respond, as well as a brief The purpose of this notice is to allow eligibility is determined by statute. The abstract: Primary: Business or other for- an additional 30 days for public Arrest Program was authorized through profit. Other: None. The Flexible comment until November 17, 2003. This the Violence Against Women Act Deployment Assistance Guide has been process is conducted in accordance with (VAWA) and reauthorized and amended developed to assist the 5 CFR 1320.10. by the Violence Against Women Act of telecommunications industry in meeting Written comments and/or suggestions 2000 (VAWA 2000). The Arrest Program its obligations under the regarding the items contained in this promotes mandatory or pro-arrest Communications Assistance for Law notice, especially the estimated public policies and encourages jurisdictions to Enforcement Act 47 U.S.C. 1001–1010 burden and associated response time, treat domestic violence as a serious (1994). should be directed to The Office of crime, establish coordinated community (5) An estimate of the total number of Management and Budget, Office of responses and facilitate the enforcement respondents and the amount of time Information and Regulatory Affairs, of protection orders. By statute, eligible estimated for an average respondent to Attention Department of Justice Desk grantees for the Arrest Program are respond/reply: The average time burden Officer, Washington, DC 20503. States, Indian tribal governments, State of the approximately 5,000 respondents Additionally, comments may be and local courts including juvenile to provide the information requested is submitted to OMB via facsimile to courts, tribal courts, and units of local approximately four hours and fifteen (202)–395–7285. Written comments and government. For the purpose of the minutes. suggestions from the public and affected Program, a unit of local government is (6) An estimate of the total public agencies concerning the proposed any city, county, township, town, burden (in hours) associated with the collection of information are borough, parish, village, or other collection: The total annual hour burden encouraged. Your comments should general-purpose political subdivision of to provide the information requested by address one or more of the following a State; an Indian tribe that performs law enforcement functions as the Flexible Deployment Assistance four points: Guide is approximately 21,250 hours. determined by the Secretary of the (1) Evaluate whether the proposed If additional information is required Interior; or, for the purpose of assistance collection of information is necessary contact: Brenda E. Dyer, Deputy eligibility, any agency of the District of for the proper performance of the Clearance Officer, United States Columbia government or the United function of the agency, including Department of Justice, Justice States Government performing law whether the information will have Management Division, Policy and enforcement functions in and for the practical utility; Planning Staff, Patrick Henry Building, District of Columbia, and any Trust Suite 1600, 601 D Street NW., (2) Evaluate the accuracy of the Territory of the U.S. Washington, DC 20530. agency’s estimate of the burden of the (5) An estimate of the total number of proposed collection of information, respondents and the amount of time Dated: October 10, 2003. including the validity of the estimated for an average respondent to Brenda E. Dyer, methodology and assumptions used; respond: It is estimated that it will take Deputy Clearance Officer, Department of (3) Enhance the quality, utility, and the 200 respondents (Arrest Program Justice. clarity of the information to be grantees) approximately one hour to [FR Doc. 03–26263 Filed 10–15–03; 8:45 am] collected; and complete a semiannual progress report. BILLING CODE 4410–02–P (4) Minimize the burden of the The semiannual progress report is collection of information on those who divided into sections that pertain to the are to respond, including through the different types of activities that grantees DEPARTMENT OF JUSTICE use of appropriate automated, may engage in, i.e., law enforcement electronic, mechanical, or other Office of Justice Programs agencies, prosecutors’ offices, courts, technological collection techniques or victim services agencies, etc. An Arrest Agency Information Collection other forms of information technology, Program grantee will be required to Activities: Proposed Collection; e.g., permitting electronic submission of complete those sections of the form that Comment Request responses. pertain to their own specific activities. Overview of this information: (6) An estimate of the total public ACTION: 30-Day Notice of Information (1) Type of information collection: burden (in hours) associated with the Collection Under Review; New New collection. collection: The total estimated annual

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hour burden to complete the data address one or more of the following Indian tribal governments. These grants collection forms is 400 hours. Two four points: are for providing direct legal services to hundred grantees will complete a form (1) Evaluate whether the proposed victims of domestic violence, sexual twice a year with an estimated collection of information is necessary assault, and stalking in matters arising completion time of one hour per form. for the proper performance of the from the abuse or violence and for If additional information is required function of the agency, including providing enhanced training for lawyers contact: Ms. Brenda E. Dyer, Department whether the information will have representing these victims. The goal of Deputy Clearance Officer, United States practical utility; the Program is to develop innovative, Department of Justice, Policy and (2) Evaluate the accuracy of the collaborative projects that provide Planning Staff, Justice Management agency’s estimate of the burden of the quality representation to victims of Division, Suite 1600, 601 D Street, NW., proposed collection of information, domestic violence, sexual assault, and Washington, DC 20530. including the validity of the stalking. methodology and assumptions used; Dated: October 10, 2003. (5) An estimate of the total number of (3) Enhance the quality, utility, and respondents and the amount of time Brenda E. Dyer, clarity of the information to be estimated for an average respondent to Department Deputy Clearance Officer, United collected; and respond/reply: It is estimated that it will States Department of Justice. (4) Minimize the burden of the take the approximately 200 respondents [FR Doc. 03–26264 Filed 10–15–03; 8:45 am] collection of information on those who (LAV Program grantees) approximately BILLING CODE 4410–18–P are to respond, including through the one hour to complete a semi-annual use of appropriate automated, progress report. The semi-annual electronic, mechanical, or other progress report is divided into sections DEPARTMENT OF JUSTICE technological collection techniques or that pertain to the different types of other forms of information technology, Office of Justice Programs activities that grantees may engage in e.g., permitting electronic submission of and the different types of grantees that Agency Information Collection responses. receive funds. An LAV Program grantee Activities: Proposed Collection; Overview of this information: will only be required to complete the (1) Type of information collection: Comment Request sections of the form that pertain to its New Collection. own specific activities. ACTION: 30-Day Notice of Information (2) The title of the form/collection: (6) An estimate of the total public Collection Under Review; New Semi-Annual Progress Report for the burden (in hours) associated with the Collection Semi-Annual Progress Report Legal Assistance for Victims Grant collection: The total annual hour burden for the Legal Assistance for Victims Program. to complete the data collection forms is Grant Program. (3) The agency form number, if any, 400 hours, that is 200 grantees and the applicable component of the completing a form twice a year with an The Department of Justice, Office of Department sponsoring the collection: estimated completion time for the form Justice Programs, Office on Violence There is no agency form number. The being one hour. Against Women, has submitted the component is the Office on Violence If additional information is required following information collection request Against Women, Office of Justice contact: Ms. Brenda E. Dyer, Department for review and clearance in accordance Programs, United States Department of Deputy Clearance Officer, United States with the Paperwork Reduction Act of Justice. Department of Justice, Policy and 1995. Office of Management and Budget (4) Affected public who will be asked Planning Staff, Justice Management approval is being sought for the or required to respond, as well as a brief Division, Suite 1600, 601 D Street, NW., information collection listed below. abstract: Primary: The affected public Washington, DC 20530, or via facsimile This proposed information collection includes the approximately 200 grantees at (202) 514–1590. was previously published in the Federal of the Legal Assistance for Victims Dated: October 10, 2003. Register, Volume 68, Number 89, page Grant Program (LAV Program) whose 24762, on May 8, 2003, allowing for a eligibility is determined by statute. In Brenda E. Dyer, 60-day public comment period. 1998, Congress appropriated funding to Department Deputy Clearance Officer, United The purpose of this notice is to allow provide civil legal assistance to States Department of Justice. an additional 30 days for public domestic violence victims through a set- [FR Doc. 03–26265 Filed 10–15–03; 8:45 am] comment until November 17, 2003. This aside under the Grants to Combat BILLING CODE 4410–18–P process is conducted in accordance with Violence Against Women, Public Law 5 CFR 1320.10. 105–277. In the Violence Against Written comments and/or suggestions Women Act of 2000, Congress NATIONAL FOUNDATION FOR THE regarding the items contained in this statutorily authorized the Legal ARTS AND THE HUMANITIES notice, especially the estimated public Assistance for Victims Grant Program burden and associated response time, (LAV Program). 42 U.S.C. 3796gg–6. The Proposed Collection, Comment should be directed to The Office of LAV Program is intended to increase the Request, of IMLS Funded Digital Management and Budget, Office of availability of legal assistance necessary Collections and Content—Collection Information and Regulatory Affairs, to provide effective aid to victims of Registry Attention Department of Justice Desk domestic violence, stalking, or sexual AGENCY: Institute of Museum and Officer, Washington, DC 20503. assault who are seeking relief in legal Library Services, NFAH. Additionally, comments may be matters arising as a consequence of that ACTION: Notice. submitted to OMB via facsimile to abuse or violence. The LAV Program (202)–395–7285. Written comments and awards grants to law school legal SUMMARY: The Institute of Museum and suggestions from the public and affected clinics, legal aid or legal services Library Services as part of its continuing agencies concerning the proposed programs, domestic violence victims’ effort to reduce paperwork and collection of information are shelters, bar associations, sexual assault respondent burdens, conducts a encouraged. Your comments should programs, private nonprofit entities, and preclearance consultation program to

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provide the general public and federal their operations and enhancing their respondent burdens, conducts a agencies with an opportunity to services to the public. Museums and preclearance consultation program to comment on proposed and/or libraries of all sizes and types may provide the general public and federal continuing collections of information in receive support from IMLS programs. In agencies with an opportunity to accordance with the Paperwork the National Leadership Grant Program, comment on proposed and/or Reduction Act of 1995 (PRA95) (44 IMLS funds the digitization of library continuing collections of information in U.S.C. 3508(2)(A)). This program helps and museum collections. This study is accordance with the Paperwork to ensure that requested data can be to determine the feasibility of using the Reduction Act of 1995 (PRA95) (44 provided in the desired format, Open Archives Initiative (OAI) metadata U.S.C. 3508(2)(A)). This program helps reporting burden (time and financial harvesting protocol to aggregate and to ensure that requested data can be resources) is minimized, collection provide integrated item-level search provided in the desired format, instruments are clearly understood, and access to the collections that Institute of reporting burden (time and financial the impact of collection requirements on Museum and Library Services funding resources) is minimized, collection respondents can be properly assessed. has helped to digitize through the instruments are clearly understood, and Currently the Institute of Museum and National Leadership Grant program and the impact of collection requirements on Library Services is soliciting comments to create a collection level registry of respondents can be properly assessed. concerning the proposed study of IMLS those collections. Currently the Institute of Museum and Funded Digital Collections and Content. Agency: Institute of Museum and Library Services is soliciting comments A copy of the proposed information Library Services. concerning the proposed study of IMLS collection request can be obtained by Title: Study of IMLS Funded Digital Funded Digital Collections and Content. contacting the individual listed below Collections and Content. A copy of the proposed information in the ADDRESSES section of this notice. OMB Number: n/a. collection request can be obtained by DATES: Written comments must be Agency Number: 3137. contacting the individual listed below submitted to the office listed in the Affected Public: Museums and in the ADDRESSES section of this notice. ADDRESSES section below on or before Libraries that created digital collections DATES: Written comments must be December 15, 2003. with IMLS funding. submitted to the office listed in the IMLS is particularly interested in Number of Respondents: All ADDRESSES section below on or before comments that help the agency to: institutions that digitize collections December 15, 2003. • Evaluate whether the proposed with IMLS National Leadership Grant IMLS is particularly interested in collection of information is necessary Funds. comments that help the agency to: for the proper performance of the Frequency: One time. • Evaluate whether the proposed functions of the agency, including Estimated time per respondent: 30 collection of information is necessary whether the information will have minutes. for the proper performance of the Estimated cost per respondent: $12.50 practical utility; functions of the agency, including (30 minutes × $25 hour). • Evaluate the accuracy of the whether the information will have Total Burden Hours: 77 hours (94 agency’s estimate of the burden of the practical utility; respondents plus about 60 from 2003, proposed collection of information • Evaluate the accuracy of the 2004, 2005 grants). including the validity of the agency’s estimate of the burden of the Total annualized capital/startup methodology and assumptions used; proposed collection of information costs: Zero. • Enhance the quality, utility and including the validity of the Total annual costs: $962.50. clarity of the information to be methodology and assumptions used; Contact: Mamie Bittner, Director of • collected; and Public and Legislative Affairs, Institute Enhance the quality, utility and • Minimize the burden of the of Museum and Library Services, 1100 clarity of the information to be collection of information on those who Pennsylvania Avenue, NW., collected; and are to respond, including through the • Minimize the burden of the Washington, DC 20506, telephone (202) use of appropriate automated electronic, collection of information on those who 606–4648. mechanical, or other technological are to respond, including through the collection techniques or other forms of Dated: October 9, 2003. use of appropriate automated electronic, information technology, e.g. permitting Mamie Bittner, mechanical, or other technological electronic submissions of responses. Director of Public and Legislative Affairs. collection techniques or other forms of ADDRESSES: Send comments to: Martha [FR Doc. 03–26180 Filed 10–15–03; 8:45 am] information technology, e.g. permitting Crawley, Senior Program Officer, BILLING CODE 7036–01–M electronic submissions of responses. Institute of Museum and Library ADDRESSES: Send comments to: Martha Services, 1100 Pennsylvania Ave., NW., Crawley, Senior Program Officer, Room 802, Washington, DC 20506. Ms. NATIONAL FOUNDATION FOR THE Institute of Museum and Library Crawley can be reached on Telephone: ARTS AND THE HUMANITIES Services, 1100 Pennsylvania Ave., NW., (202) 606–5513, Fax: (202) 606–1077 or Room 802, Washington, DC 20506. Ms. by e-mail at [email protected]. Proposed Collection, Comment Crawley can be reached on telephone: Request, of IMLS Funded Digital SUPPLEMENTARY INFORMATION: (202) 606–5513, Fax: (202) 606–1077 or Collections and Content—Focus by e-mail at [email protected]. I. Background Groups SUPPLEMENTARY INFORMATION: The Institute of Museum and Library AGENCY: Institute of Museum and I. Background Services is an independent Federal Library Services, NFAH. grant-making agency authorized by the ACTION: Notice. The Institute of Museum and Library Museum and Library Services Act, Pub. Services is an independent Federal L. 104–208. The IMLS provides a variety SUMMARY: The Institute of Museum and grant-making agency authorized by the of grant programs to assist the nation’s Library Services as part of its continuing Museum and Library Services Act, museums and libraries in improving effort to reduce paperwork and Public Law 104–208. The IMLS

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provides a variety of grant programs to 42 U.S.C. 1861 et seq. This Education and Human Resources and assist the nation’s museums and determination follows consultation with planning for future activities. libraries in improving their operations the Committee Management Secretariat, Dated: October 9, 2003. and enhancing their services to the General Services Administration. Susanne Bolton, public. Museums and libraries of all Name of Committee: EarthScope Committee Management Officer. sizes and types may receive support Science and Education Advisory from IMLS programs. In the National Committee (#16638) [FR Doc. 03–26096 Filed 10–15–03; 8:45 am] Leadership Grant program, IMLS funds Purpose: Provide advice and BILLING CODE 7555–01–M the digitization of library and museum recommendations to the National collections. This study is to determine Science Foundation concerning support NATIONAL SCIENCE FOUNDATION the feasibility of using the Open for research, education and outreach in Archives Initiative (OAI) metadata the EarthScope program. The committee Advisory Committee for Geosciences; harvesting protocol to aggregate and will: review and advise on the impact of Notice of Meeting provide integrated item-level search research and facility support programs access to the collections that Institute of in the disciplines and fields In accordance with the Federal Museum and Library Services funding encompassed by the EarthScope Advisory Committee Act (Pub. L. 92– has helped to digitize through the program; advise on program 463, as amended), the National Science National Leadership Grant program and management, overall program balance, Foundation announces the following to create a collection level registry of diversity and other aspects of program meeting: those collections. performance; and advise as to the Name: Advisory Committee for Agency: Institute of Museum and impact of overall NSF-wide policies on Geosciences (1755). Library Services. the EarthScope facility and community. Dates: November 12–14, 2003. Title: Study of IMLS Funded Digital Responsible NSF Official: James Time: 1:30–5:30 p.m., Wednesday, Collections and Content—Focus Groups. Whitcomb, Division of Earth Sciences, November 12, 2003; 8:30 a.m.–5:30 OMB Number: n/a. National Science Foundation, 4201 p.m., Thursday, November 13, 2003; Agency Number: 3137. Wilson Boulevard, Room 995, 8:30 a.m.–2:30 p.m. Friday, November Affected Public: Museums and Arlington, VA 22230. Telephone: (703) 14, 2003. Libraries that created digital collections 292–8550. Place: National Science Foundation, 4200 Wilson Boulevard, Room 1235, with IMLS funding. Dated: October 9, 2003. Number of Respondents: 24 Arlington, VA 22230. Susanne Bolton, (maximum two focus groups with 12 Type of Meeting: Open. Committee Management Officer. participants each). FOR FURTHER INFORMATION CONTACT: Dr. Frequency: Once. [FR Doc. 03–26094 Filed 10–15–03; 8:45 am] Thomas Spence, Directorate for Estimated time per respondent: 2 BILLING CODE 7555–01–M Geosciences, National Science hours. Foundation, Suite 705, 4210 Wilson Estimated cost per respondent: $50 (2 Boulevard, Arlington, Virginia 22230, NATIONAL SCIENCE FOUNDATION × $25 per hour). Phone 703–292–8500. Total Burden Hours: 48 hours. Advisory Committee for Education and Minutes: May be obtained from the Total Annualized capital/startup Human Resources; Notice of Meeting contact person listed above. costs: Zero. Purpose of Meeting: To provide Total Annual costs: $1200 (48 × $25 In accordance with the Federal advice, recommendations, and oversight per hour = $1200). Advisory Committee Act (Pub. L. 92– concerning support for research, Contact: Rebecca Danvers, Director of 463, as amended), the National Science education, and human resources Research and Technology, Institute of Foundation announces the following development in the geosciences. Museum and Library Services, 1100 meeting. Agenda: Day 1: Cyberinfrastructure Pennsylvania Avenue, NW., Name: Advisory Committee for Subcommittee Meeting, Directorate Washington, DC 20506, telephone (202) Education and Human Resources activities and plans. Day 2: Division 606–2478. (#1119). Subcommittee Meetings, Directorate initiatives. Day 3: Committee of Visitors Mamie Bittner, Date & Time: November 5, 8:30 a.m.– 6 p.m.; November 6, 8:30 a.m.–3 p.m. report, Sensors and Sensor Networks, Director of Public and Legislative Affairs. Place: National Science Foundation, Intersessional activities. [FR Doc. 03–26181 Filed 10–15–03; 8:45 am] 4201 Wilson Boulevard, Arlington, VA Dated: October 9, 2003. BILLING CODE 7036–01–M 22230. Susanne Bolton, Type of Meeting: Open. Committee Management Officer. Contact Person: Sheila R. Tyndell, [FR Doc. 03–26095 Filed 10–15–03; 8:45 am] NATIONAL SCIENCE FOUNDATION Staff Assistant, Directorate for Education and Human Resources, BILLING CODE 7555–01–M Committee Management National Science Foundation, 4201 Notice of Establishment Wilson Boulevard, Room 805, Arlington, VA 22230, 703–292–8601. NUCLEAR REGULATORY The Deputy Director of the National Summary Minutes: May be obtained COMMISSION Science Foundation has determined that from contact person listed above. Dominion Nuclear North Anna, LLC; the establishment of the Earthscope Purpose of Meeting: To provide Notice of Receipt and Availability of Science and Education Advisory advice and recommendations Application for Early Site Permit for the Committee is necessary and in the concerning NSF support for Education North Anna ESP Site public interest in connection with the and Human Resources. performance of duties imposed upon the Agenda: Discussion of FY 2003 On September 25, 2003, the Nuclear National Science Foundation (NSF), by programs of the Directorate for Regulatory Commission (NRC, the

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Commission) received an application NUCLEAR REGULATORY The following requirements shall from Dominion Nuclear North Anna, COMMISSION apply to public participation in ACNW LLC dated September 25, 2003, filed meetings: pursuant to section 103 of the Atomic Advisory Committee on Nuclear (a) Persons who plan to make oral Energy Act and 10 CFR part 52, for an Waste; Procedures for Meetings statements and/or submit written comments at the meeting should early site permit (ESP) for a location in Background central Virginia (near Mineral, Virginia) provide 35 copies to the DFO at the identified as the North Anna ESP site. This notice describes procedures to be beginning of the meeting. Persons who cannot attend the meeting but wishing followed with respect to meetings An applicant may seek an early site to submit written comments regarding conducted pursuant to the Federal permit in accordance with subpart A of the agenda items may do so by sending Advisory Committee Act by the Nuclear 10 CFR part 52 separate from the filing a readily reproducible copy addressed Regulatory Commission’s (NRC’s) of an application for a construction to the DFO specified in the Federal Advisory Committee on Nuclear Waste permit (CP) or combined license (COL) Register notice for the individual (ACNW). These procedures are set forth for a nuclear power facility. The ESP meeting in care of the Advisory so that they may be incorporated by process allows resolution of issues Committee on Nuclear Waste, U.S. reference in future notices for Nuclear Regulatory Commission, relating to siting. At any time during the individual meetings. period of an ESP (up to 20 years), the Washington, DC 20555–0001. permit holder may reference the permit The ACNW advises the NRC on Comments should be in the possession in an application for a CP or COL. technical issues related to nuclear of the DFO prior to the meeting to allow materials and waste management. The time for reproduction and distribution. Subsequent Federal Register notices bases of ACNW reviews include 10 CFR Comments should be limited to topics will address the acceptability of the parts 20, 60, 61, 63, 70, 71, and 72 and being considered by the Committee. tendered ESP application for docketing other applicable regulations and (b) Persons desiring to make oral and provisions for participation of the legislative mandates, such as the statements at the meeting should make public and other parties in the ESP Nuclear Waste Policy Act as amended, a request to do so to the DFO. If review process. the Low-Level Radioactive Waste Policy possible, the request should be made A copy of the application is available Act and amendments, and the Uranium five days before the meeting, identifying for public inspection at the Mill Tailings Radiation Control Act, as the topics to be discussed and the Commission’s Public Document Room amended. The Committee’s reports amount of time needed for presentation (PDR), located at One White Flint North, become a part of the public record. so that orderly arrangements can be made. The Committee will hear oral 11555 Rockville Pike (first floor), The ACNW meetings are normally statements on topics being reviewed at Rockville, Maryland and via the open to the public and provide an appropriate time during the meeting Agencywide Documents Access and opportunities for oral or written statements from members of the public as scheduled by the Chairman. Management System (ADAMS) Public (c) Information regarding topics to be to be considered as part of the Electronic Reading Room on the Internet discussed, changes to the agenda, Committee’s information gathering at the NRC Web site, http:// whether the meeting has been canceled process. The meetings are not www.nrc.gov/reading-rm/adams.html. or rescheduled, and the time allotted to adjudicatory hearings such as those The accession number for the present oral statements can be obtained application is ML032731517. Future conducted by the NRC’s Atomic Safety by contacting the DFO specified in the publicly available documents related to and Licensing Board Panel as part of the individual Federal Register notice. Commission’s licensing process. ACNW the application will also be posted in (d) The use of still, motion picture, meetings are conducted in accordance ADAMS. Persons who do not have and television cameras will be with the Federal Advisory Committee access to ADAMS or who encounter permitted at the discretion of the Act. problems in accessing the documents Chairman and subject to the condition located in ADAMS should contact the General Rules Regarding ACNW that the physical installation and NRC Public Document Room staff by Meetings presence of such equipment will not telephone at 1–800–397–4209 or 301– interfere with the conduct of the An agenda is published in the Federal 415–4737, or by e-mail to [email protected]. meeting. The DFO will have to be Register for each full Committee notified prior to the meeting and will The application is also available to meeting and is available on the Internet authorize the installation or use of such local residents at the Louisa County at http://www.nrc.gov/ACRSACNW. equipment after consultation with the Library, near Mineral, Virginia, and it There may be a need to make changes Chairman. The use of such equipment will be available on the NRC Web page to the agenda to facilitate the conduct of will be restricted as is necessary to at http://www.nrc.gov/reactors/new- the meeting. The Chairman of the protect proprietary or privileged licensing/license-reviews/esp.html. Committee is empowered to conduct the information that may be in documents, Dated at Rockville, Maryland, this 9th day meeting in a manner that, in his/her folders, etc., in the meeting room. of October, 2003. judgment, will facilitate the orderly Electronic recordings will be permitted conduct of business, including making only during those portions of the For the Nuclear Regulatory Commission. provisions to continue the discussion of meeting that are open to the public. Michael L. Scott, matters not completed on the scheduled (e) A transcript is kept for certain Senior Project Manager, New, Research and day during another meeting. Persons open portions of the meeting and will be Test Reactors Program, Division of Regulatory planning to attend a meeting may available in the NRC Public Document Improvement Programs, Office of Nuclear contact the Designated Federal Official Room (PDR), One White Flint North, Reactor Regulation. (DFO) specified in the individual Room O–1F21, 11555 Rockville Pike, [FR Doc. 03–26139 Filed 10–15–03; 8:45 am] Federal Register notice prior to the Rockville, MD 20852–2738. ACNW BILLING CODE 7590–01–P meeting to be advised of any changes to meeting agenda, transcripts, and letter the agenda that may have occurred. reports are available through the NRC

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Public Document Room at [email protected], made regarding the applicability of the changes to the agenda to facilitate the by calling the PDR at 1–800–394–4209, agreement to the material that will be conduct of the meeting. The Chairman or from the Publicly Available Records discussed during the meeting. The of the Committee is empowered to System (PARS) component of NRC’s minimum information provided should conduct the meeting in a manner that, document system (ADAMS) which is include information regarding the date in his/her judgment, will facilitate the accessible from the NRC Web site at of the agreement, the scope of material orderly conduct of business, including http://www.nrc.gov/reading-rm/ included in the agreement, the project making provisions to continue the adams.html or http://www.nrc.gov/ or projects involved, and the names and discussion of matters not completed on reading-rm/doc-collections/. A copy of titles of the persons signing the the scheduled day on another meeting the certified minutes of the meeting will agreement. Additional information may day. Persons planning to attend the be available at the same location up to be requested to identify the specific meeting may contact the Designated three months following the meeting. agreement involved. A copy of the Federal Official (DFO) specified in the Copies may be obtained upon payment executed agreement should be provided Federal Register notice prior to the of appropriate reproduction charges. to the DFO prior to the beginning of the meeting to be advised of any changes to (f) Video teleconferencing service is meeting for admittance to the closed the agenda that may have occurred. available for observing open sessions of session. The following requirements shall some ACNW meetings. Those wishing apply to public participation in ACRS to use this service for observing ACNW Dated: October 9, 2003. full Committee meetings: meetings should contact Mr. Theron Andrew L. Bates, (a) Persons who plan to make oral Brown, ACNW Audio Visual Advisory Committee Management Officer. statements and/or submit written Technician, (301–415–8066) between [FR Doc. 03–26135 Filed 10–15–03; 8:45 am] comments at the meeting should 7:30 a.m. and 3:45 p.m. eastern time at BILLING CODE 7590–01–P provide 35 copies to the DFO at the least 10 days before the meeting to beginning of the meeting. Persons who ensure the availability of this service. cannot attend the meeting but wishing Individuals or organizations requesting NUCLEAR REGULATORY to submit written comments regarding this service will be responsible for COMMISSION the agenda items may do so by sending telephone line charges and for providing a readily reproducible copy addressed the equipment and facilities that they Advisory Committee on Reactor to the DFO specified in the Federal use to establish the video Safeguards; Procedures for Meetings Register notice, care of the Advisory teleconferencing link. The availability of Background Committee on Reactor Safeguards, U.S. video teleconferencing services is not Nuclear Regulatory Commission, guaranteed. This notice describes procedures to be Washington, DC 20555–0001. followed with respect to meetings Comments should be limited to items ACNW Working Group Meetings conducted by the Nuclear Regulatory being considered by the Committee. From time to time the ACNW may Commission’s (NRC’s) Advisory Comments should be in the possession sponsor an in-depth meeting on a Committee on Reactor Safeguards of the DFO prior to the meeting to allow specific technical issue to understand (ACRS) pursuant to the Federal time for reproduction and distribution. staff expectations and review work in Advisory Committee Act (FACA). These (b) Persons desiring to make oral progress. Such meetings are called procedures are set forth so that they may statements at the meeting should make Working Group meetings. These be incorporated by reference in future a request to do so to the DFO. If Working Group meetings will also be notices for individual meetings. possible, the request should be made conducted in accordance with these The ACRS is a statutory group five days before the meeting, identifying procedures noted above for the ACNW established by Congress to review and the topics to be discussed and the meeting, as appropriate. When Working report on nuclear safety matters and amount of time needed for presentation Group meetings are held at locations applications for the licensing of nuclear so that orderly arrangements can be other than at NRC facilities, facilities. The Committee’s reports made. The Committee will hear oral reproduction facilities may not be become a part of the public record. statements on topics being reviewed at available at a reasonable cost. The ACRS meetings are conducted in an appropriate time during the meeting Accordingly, 25 additional copies of the accordance with FACA; they are as scheduled by the Chairman. materials to be used during the meeting normally open to the public and provide (c) Information regarding topics to be should be provided for distribution at opportunities for oral or written discussed, changes to the agenda, such meetings. statements from members of the public whether the meeting has been canceled to be considered as part of the or rescheduled, and the time allotted to Special Provisions When Proprietary Committee’s information gathering present oral statements can be obtained Sessions Are To Be Held process. ACRS reviews do not normally by contacting the DFO. If it is necessary to hold closed encompass matters pertaining to (d) The use of still, motion picture, sessions for the purpose of discussing environmental impacts other than those and television cameras will be matters involving proprietary related to radiological safety. permitted at the discretion of the information, persons with agreements The ACRS meetings are not Chairman and subject to the condition permitting access to such information adjudicatory hearings such as those that the physical installation and may attend those portions of the ACNW conducted by the NRC’s Atomic Safety presence of such equipment will not meetings where this material is being and Licensing Board Panel as part of the interfere with the conduct of the discussed upon confirmation that such Commission’s licensing process. meeting. The DFO will have to be agreements are effective and related to notified prior to the meeting and will General Rules Regarding ACRS the material being discussed. authorize the installation or use of such The DFO should be informed of such Meetings equipment after consultation with the an agreement at least five working days An agenda is published in the Federal Chairman. The use of such equipment prior to the meeting so that it can be Register for each full Committee will be restricted as is necessary to confirmed, and a determination can be meeting. There may be a need to make protect proprietary or privileged

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information that may be in documents, of the materials to be used during the complying with requirements in the folders, etc., in the meeting room. meeting should be provided for rules regarding the amount of funds for Electronic recordings will be permitted distribution at such meetings. decommissioning. It also provides only during those portions of the guidance on the content and form of the Special Provisions When Proprietary meeting that are open to the public. financial assurance mechanisms in Sessions Are To Be Held (e) A transcript is kept for certain those rule amendments. open portions of the meeting and will be If it is necessary to hold closed Comments and suggestions in available in the NRC Public Document sessions for the purpose of discussing connection with items for inclusion in Room (PDR), One White Flint North, matters involving proprietary guides currently being developed or Room O–1F21, 11555 Rockville Pike, information, persons with agreements improvements in all published guides Rockville, MD 20852–2738. ACRS permitting access to such information are encouraged at any time. Written meeting agenda, transcripts, and letter may attend those portions of the ACRS comments may be submitted to the reports are available through the NRC meetings where this material is being Rules and Directives Branch, Division of Public Document Room at [email protected], discussed upon confirmation that such Administrative Services, Office of by calling the PDR at 1–800–394–4209, agreements are effective and related to Administration, U.S. Nuclear Regulatory or from the Publicly Available Records the material being discussed. Commission, Washington DC 20555. System (PARS) component of NRC’s The DFO should be informed of such Questions on the content of this guide document system (ADAMS) which is an agreement at least five working days may be directed to Mr. B.J. Richter, accessible from the NRC Web site at prior to the meeting so that it can be (301) 415–1978; e-mail [email protected]. http://www.nrc.gov/reading-rm/ confirmed, and a determination can be Regulatory guides are available for adams.html or http://www.nrc.gov/ made regarding the applicability of the inspection or downloading at the NRC’s reading-rm/doc-collections/. A copy of agreement to the material that will be Web site at http://www.nrc.gov under the certified minutes of the meeting will discussed during the meeting. The Regulatory Guides and in NRC’s be available at the same location up to minimum information provided should Electronic Reading Room (ADAMS three months following the meeting. include information regarding the date System) at the same site. Single copies Copies may be obtained upon payment of the agreement, the scope of material of regulatory guides may be obtained of appropriate reproduction charges. included in the agreement, the project free of charge by writing the (f) Video teleconferencing service is or projects involved, and the names and Reproduction and Distribution Services available for observing open sessions of titles of the persons signing the Section, U.S. Nuclear Regulatory ACRS meetings. Those wishing to use agreement. Additional information may Commission, Washington, DC 20555– this service for observing ACRS be requested to identify the specific 0001, or by fax to (301) 415–2289, or by meetings should contact Mr. Theron agreement involved. A copy of the e-mail to [email protected]. Brown, ACRS Audio Visual Technician, executed agreement should be provided Issued guides may also be purchased (301–415–8066) between 7:30 a.m. and to the DFO prior to the beginning of the from the National Technical Information 3:45 p.m. eastern time at least 10 days meeting for admittance to the closed Service (NTIS) on a standing order before the meeting to ensure the session. basis. Details on this service may be availability of this service. Individuals Dated: October 9, 2003. obtained by writing NTIS at 5285 Port or organizations requesting this service Andrew L. Bates, Royal Road, Springfield, VA 22161; will be responsible for telephone line Advisory Committee Management Officer. telephone 1–800–553–6847; http:// charges and for providing the www.ntis.gov/. Regulatory guides are equipment and facilities that they use to [FR Doc. 03–26136 Filed 10–15–03; 8:45 am] BILLING CODE 7590–01–P not copyrighted, and Commission establish the video teleconferencing approval is not required to reproduce link. The availability of video them. (5 U.S.C. 552(a)) teleconferencing services is not NUCLEAR REGULATORY guaranteed. Dated at Rockville, MD, this 2nd day of COMMISSION October, 2003. ACRS Subcommittee Meetings For the Nuclear Regulatory Commission. Regulatory Guide; Issuance, Ashok C. Thadani, In accordance with the revised FACA, Availability the agency is no longer required to Director, Office of Nuclear Regulatory apply the FACA requirements to The Nuclear Regulatory Commission Research. meetings conducted by the (NRC) has issued a revision of a guide [FR Doc. 03–26138 Filed 10–15–03; 8:45 am] Subcommittees of the NRC Advisory in its Regulatory Guide Series. This BILLING CODE 7590–01–P Committees, if the Subcommittee’s series has been developed to describe recommendations would be and make available to the public such independently reviewed by its parent information as methods acceptable to NUCLEAR REGULATORY Committee. the NRC staff for implementing specific COMMISSION The ACRS, however, chose to conduct parts of the NRC’s regulations, [Docket No. 40–8989] its Subcommittee meetings in techniques used by the staff in its accordance with the above procedures review of applications for permits and Issuance of Environmental noted above for ACRS meetings, as licenses, and data needed by the NRC Assessment and Finding of No appropriate, to facilitate public staff in its review of applications for Significant Impact for Exemption From participation, and to provide a forum to permits and licenses. Certain NRC Licensing Requirements stakeholders to express their views on Revision 1 of Regulatory Guide 1.159, for Special Nuclear Material for regulatory matters being considered by ‘‘Assuring the Availability of Funds for Envirocare of Utah, Inc. the ACRS. When Subcommittee Decommissioning Nuclear Reactors,’’ meetings are held at locations other than provides guidance to licensees and I Introduction at NRC facilities, reproduction facilities applicants of nuclear power, research, The U.S. Nuclear Regulatory may not be available at a reasonable and test reactors concerning methods Commission (NRC) is considering cost. Accordingly, 25 additional copies acceptable to the NRC staff for issuance of an Order pursuant to

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Section 274f of the Atomic Energy Act Alternatives to the Proposed Action therefore, in order to use the same limits that would modify an Order transmitted The NRC staff considered the for uranium and plutonium at its to Envirocare of Utah, Inc. (Envirocare). proposed action and the no-action facility, Envirocare will not use The original Order was published in the alternative. The no-action alternative magnesium oxide during treatment of Federal Register on May 21, 1999 (64 would be not to revise the Order. the waste stream allowed by the FR 27826). The 1999 Order exempted revision. This will help ensure Envirocare from certain NRC regulations Affected Environment criticality safety during processing. and permitted Envirocare, under NRC has prepared an environmental For Envirocare, the changes to the specified conditions, to possess waste impact statement (EIS) (NUREG–1476), limits will allow the site to accept a new containing special nuclear material SERs, and EAs for its previous actions. waste stream, which may increase the (SNM), in greater quantities than The affected environment for the number of waste shipments to the site. specified in 10 CFR part 150, at Envirocare site is described in detail in The addition of a new waste stream Envirocare’s low-level waste (LLW) NUREG–1476. would result in approximately 40 disposal facility located in Clive, Utah, additional shipments per year to the without obtaining an NRC license Environmental Impacts of the site, which equates to less than one pursuant to 10 CFR part 70. At the Alternatives shipment per week. It is not expected request of Envirocare, the Order was No-Action Alternative: For the no- that the small increase in shipments subsequently modified on January 30, action alternative, the environmental would have a significant environmental 2003, and published in the Federal impacts would be the same as evaluated impact to the local area. Register on February 13, 2003 (68 FR in the Environmental Assessments to Preferred Alternative 7399). support the 1999 Order (64 FR 26463, The staff has concluded that the Envirocare is licensed by the State of May 14, 1999) and the January 2003 proposed action is the preferred Utah, an NRC Agreement State, under a modification of the Order (68 FR 3281). alternative. The radiological and 10 CFR part 61 equivalent license for The regulations regarding SNM nonradiological impacts are not the disposal of LLW. Envirocare is also possession in 10 CFR part 150 set mass expected to be significant. licensed by Utah to dispose of mixed- limits whereby a licensee is exempted radioactive and hazardous waste. In from the licensing requirements of 10 Agencies and Persons Consulted addition, Envirocare has an NRC license CFR part 70 and can be regulated by an Officials from the State of Utah, (SMC–1559) to dispose of waste Agreement State. The licensing Department of Environmental Quality, containing 11(e)2 byproduct material. requirements in 10 CFR part 70 apply to Division of Radiation Control were In a letter dated July 8, 2003, persons possessing greater than critical contacted about this EA for the Envirocare requested that the January mass quantities (as defined in 10 CFR proposed action and had no comments. 2003 Order be amended as discussed 150.11). The principle emphasis of 10 Because the proposed action is not below. Staff’s safety analysis for the CFR part 70 is criticality safety and expected to have any impact on revisions to the January 2003 Order is safeguarding SNM against diversion or threatened or endangered species or discussed in the companion Safety sabotage. The NRC staff considers that historic resources, the Fish and Wildlife Evaluation Report (SER). criticality safety can be maintained by Service and the State of Utah Historic relying on concentration limits, under Preservation Officer were not contacted. II Environmental Assessment (EA) the specified conditions. These Identification of Proposed Action concentration limits are considered an III. Finding of No Significant Impact alternative definition of quantities not The environmental impacts of the Envirocare proposes that NRC amend sufficient to form a critical mass to the proposed action have been reviewed in the January 2003 Order to: (1) Modify weight limits in 10 CFR 150.11; thereby, accordance with the requirements set the table in Condition 1 to a criticality assuring the same level of protection. forth in 10 CFR part 51. Based upon the basis for uranium-233 and plutonium The 1999 and January 2003 EAs forgoing EA, the NRC finds that the isotopes, and revise the concentration concluded that the Order would have no preferred alternative of the proposed limits for uranium and plutonium to significant radiological or action will not significantly impact the include limits for waste without nonradiological environmental impacts. quality of the human environment. magnesium oxide; (2) modify the units Proposed Action: For the proposed Accordingly, the NRC has decided not of the table from pCi of SNM per gram action, the environmental impacts are to prepare an EIS for the proposed of waste material to gram of SNM per not expected to be significant. Effluent exemption. gram of waste material; and (3) revise releases and potential doses to the the language of Condition 5 to be public are regulated by the State of Utah IV. Further Information consistent with the revised units in the and are not anticipated to change as a The request for modifying the Order table. result of this revision. In a 2001 EA for is available for inspection at NRC’s Need for the Proposed Action Waste Control Specialists, LLC (WCS) Public Electronic Reading Room at (66 FR 56358), the staff found that there http://www.nrc.gov/NRC/ADAMS/ The table in Condition 1 of the would be no significant radiological or index.html ML031950334. The January 2003 Order prescribes nonradiological impacts resulting from September 23, 2003, Safety Evaluation concentration limits that are based on the proposed limits of uranium and Report is available at ML032680942. Class A low-level radioactive waste plutonium, and the same limits are The EA for the January 2003 Order is limits rather than a criticality-based being applied to Envirocare in this available in the Federal Register at 68 analysis. Envirocare would like to revision of its Order. In addition, these FR 3281. The EA for the exemption for expand its capabilities to accept revisions to the Order are not expected WCS is available in the Federal Register additional waste streams. In order to do to significantly change environmental at 66 FR 56358. Documents may also be so, the SNM concentration limits in the impacts from current operations at obtained from NRC’s Public Document table in Condition 1 of the Order would Envirocare. WCS does not use Room at U.S. Nuclear Regulatory need to be revised. magnesium oxide in its processing; Commission, Public Document Room,

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Washington DC 20555. Any questions Management (OPM) intends to submit to SECURITIES AND EXCHANGE with respect to this action should be the Office of Management and Budget COMMISSION referred to Anna H. Bradford, (OMB) a request for review of a revised Environmental and Performance information collection. RI 30–1, Request Submission for OMB Review; Assessment Branch, Division of Waste to Disability Annuitant for Information Comment Request Management, Office of Nuclear Material on Physical Condition and Employment, Upon Written Request, Copies Safety and Safeguards, U.S. Nuclear is used by persons who are not yet age Regulatory Commission, Washington DC Available From: Securities and 60 and who are receiving disability Exchange Commission, Office of 20555–0001. Telephone: (301) 415– annuity and are subject to inquiry as to 5228, Fax: (301) 415–5397. Filings and Information Services, 450 their medical condition as OPM deems Fifth Street, NW., Washington, DC Dated at Rockville, Maryland, this 8th day reasonably necessary. RI 30–1 collects 20549. of October, 2003. information as to whether the disabling For the Nuclear Regulatory Commission. condition has changed. Extension: Rule 17f–6 [17 CFR Lawrence E. Kokajko, 270.17f–6]; SEC File No. 270–392; OMB Approximately 8,000 RI 30–1 forms Control No. 3235–0447. Chief, Environmental and Performance will be completed annually. We Assessment Branch, Division of Waste Notice is hereby given that, under the Management, Office of Nuclear Material estimate it takes approximately 60 Paperwork Reduction Act of 1995 (44 Safety and Safeguards. minutes to complete the form. The U.S.C. 3501–3520), the Securities and [FR Doc. 03–26137 Filed 10–15–03; 8:45 am] annual burden is 8,000 hours. Exchange Commission (the BILLING CODE 7590–01–P Comments are particularly invited on: ‘‘Commission’’) has submitted to the whether this collection of information is Office of Management and Budget a necessary for the proper performance of request for extension of the previously OVERSEAS PRIVATE INVESTMENT functions of the Office of Personnel approved collection of information CORPORATION Management, and whether it will have discussed below. practical utility; whether our estimate of Rule 17f–6 under the Investment Sunshine Act Meetings; Public Hearing the public burden of this collection is Company Act of 1940 [17 CFR 270.17f– accurate, and based on valid 6] permits registered investment October 14, 2003. companies (‘‘funds’’) to maintain assets assumptions and methodology; and OPIC’s Sunshine Act notice of its (i.e., margin) with futures commission ways in which we can minimize the public hearing was published in the merchants (‘‘FCMs’’) in connection with burden of the collection of information Federal Register (Volume 68, Number commodity transactions effected on 193, page 57716) on October 6, 2003. No on those who are to respond, through both domestic and foreign exchanges. requests were received to provide use of the appropriate technological Before the rule was adopted, funds testimony or submit written statements collection techniques or other forms of generally were required to maintain for the record; therefore, OPIC’s public information technology. For copies of such assets in special accounts with a hearing in conjunction with OPIC’s this proposal, contact Mary Beth Smith- custodian bank.1 October 15, 2003 Board of Directors Toomey on (202) 606–8358, fax (202) The rule requires a written contract meeting scheduled for 11 AM on 418–3251 or E-mail to that contains certain provisions to October 14, 2003 has been cancelled. [email protected]. Please include ensure important safeguards and other FOR FURTHER INFORMATION CONTACT: your mailing address with your request. benefits relating to the custody of fund assets by FCMs. The requirement that Information on the hearing cancellation DATES: Comments on this proposal FCMs comply with the segregation or may be obtained from Connie M. Downs should be received on or before at (202) 336–8438, via facsimile at (202) secured amount requirements of the December 15, 2003. 218–0136, or via email at Commodity Exchange Act (‘‘CEA’’) and [email protected]. ADDRESSES: Send or deliver comments the rules under that statute is designed Dated: October 14, 2003. to Ronald W. Melton, Chief, Operations to protect fund assets held by FCMs. The contract requirement that an FCM Connie M. Downs, Support Group, Center for Retirement obtain an acknowledgment from an OPIC Corporate Secretary. and Insurance Services, U.S. Office of Personnel Management, 1900 E Street, entity that clears fund transactions that [FR Doc. 03–26278 Filed 10–14–03; 11:45 the fund’s assets are held on behalf of am] NW., Room 3349A, Washington, DC 20415–3540. the FCM’s customers according to CEA BILLING CODE 3210–01–M provisions seeks to accommodate the For Information Regarding legitimate needs of the participants in Administrative Coordination— Contact: the commodity settlement process, OFFICE OF PERSONNEL Cyrus S. Benson, Team Leader, consistent with the protection of fund MANAGEMENT Publications Team, (202) 606–0623. assets. Finally, FCMs are required to furnish to the Commission or its staff on Proposed Collection; Comment U.S. Office of Personnel Management. request information concerning the Request for Review of a Revised Kay Coles James, fund’s assets in order to facilitate Information Collection: RI 30–1 Director. Commission inspections of funds. [FR Doc. 03–26215 Filed 10–15–03; 8:45 am] AGENCY: Office of Personnel The Commission estimates that Management. BILLING CODE 6325–50–P approximately 2,154 funds effect commodities transactions and could ACTION: Notice.

SUMMARY: In accordance with the 1 See Custody of Investment Company Assets With Futures Commission Merchants and Paperwork Reduction Act of 1995 (Pub. Commodity Clearing Organizations, Investment L. 104–13, May 22, 1995), this notice Company Act Release No. 22389 (Dec. 11, 1996) [61 announces that the Office of Personnel FR 66207 (Dec. 17, 1996)].

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deposit margin with FCMs under rule Regulatory Affairs, Office of hearing. Interested persons may request 17f–6 in connection with those Management and Budget, Room 10102, a hearing by writing to the transactions. Commission staff estimates New Executive Office Building, Commission’s Secretary and serving that each fund uses and deposits margin Washington, DC 20503; and (ii) Kenneth Applicants with a copy of the request, with 2 different FCMs in connection A. Fogash, Acting Associate Executive personally or by mail. Hearing requests with its commodity transactions.2 Director/CIO, Office of Information should be received by the Commission Approximately 179 FCMs are eligible to Technology, Securities and Exchange by 5:30 p.m. on November 3, 2003, and hold fund margin under the rule.3 Commission, 450 Fifth Street, NW, should be accompanied by proof of The Commission estimates that each Washington, DC 20549. Comments must service on Applicants, in the form of an of the 2,154 funds spend an average of be submitted to OMB within 30 days affidavit, or for lawyers, a certificate of 1 hour annually complying with the after this notice. service. Hearing requests should state contract requirements of the rule (e.g., Dated: October 8, 2003. the nature of the writer’s interest, the executing contracts that contain the Margaret H. McFarland, reason for the request, and the issues contested. Persons who wish to be requisite provisions with additional Deputy Secretary. FCMs), for a total of 2,154 burden hours. notified of a hearing may request [FR Doc. 03–26097 Filed 10–15–03; 8:45 am] The estimate does not include the time notification by writing to the required by an FCM to comply with the BILLING CODE 8010–01–P Commission’s Secretary. rule’s contract requirements because, to ADDRESSES: Secretary, Commission, 450 the extent that complying with the SECURITIES AND EXCHANGE Fifth Street, NW., Washington, DC contract provisions could be considered COMMISSION 20549–0609. Applicants, c/o Scott G. ‘‘collections of information,’’ the burden Campbell, Esq., J.P. Morgan Chase & Co., hours for compliance are already [Release No. IC–26205; 812–13023] Legal Department, One Chase included in other PRA submissions or Manhattan Plaza, New York, NY 10081. JF International Management Inc., et are de minimis.4 The estimate of average FOR FURTHER INFORMATION CONTACT: al.; Notice of Application and burden hours is made solely for the Keith A. Gregory, Senior Counsel, or Temporary Order purposes of the Paperwork Reduction Mary Kay Frech, Branch Chief, at 202– Act, and is not derived from a October 8, 2003. 942–0564 (Division of Investment comprehensive or even a representative AGENCY: Securities and Exchange Management, Office of Investment survey or study of the costs of Commission (‘‘Commission’’). Company Regulation). Commission rules and forms. ACTION: Temporary order and notice of SUPPLEMENTARY INFORMATION: The Compliance with the collection of application for a permanent order under following is a temporary order and a information requirements of the rule is section 9(c) of the Investment Company summary of the application. The necessary to obtain the benefit of relying Act of 1940 (‘‘Act’’). complete application may be obtained on the rule. If an FCM furnishes records for a fee at the Commission’s Public pertaining to a fund’s assets at the Summary of Application: Applicants Reference Branch, 450 Fifth Street, NW., request of the Commission or its staff, have received a temporary order Washington, DC 20549–0102 (telephone the records will be kept confidential to exempting them from section 9(a) of the 202–942–8090). the extent permitted by relevant Act, with respect to an injunction statutory or regulatory provisions. The entered against J.P. Morgan Securities Applicants’ Representations rule does not require these records be Inc. (‘‘JPMSI’’) on October 8, 2003 by the 1. Each Applicant is an investment retained for any specific period of time. United States District Court for the adviser registered under the Investment An agency may not conduct or sponsor, District of Columbia (the ‘‘Injunction’’), Advisers Act of 1940 (the ‘‘Advisers and a person is not required to respond until the Commission takes final action Act’’) and an indirect subsidiary of J.P. to, a collection of information unless it on an application for a permanent order. Morgan Chase & Co. (‘‘JPMC’’), a displays a currently valid control Applicants also have applied for a holding company that, through its number. permanent order. subsidiaries and affiliates, provides Please direct general comments Applicants: JF International investment, financing, advisory, regarding the above information to the Management Inc., J.P. Morgan banking and related products and following persons: (i) Desk Officer for Alternative Asset Management Inc., J.P. services on a global basis. JPMC also is the Securities and Exchange Morgan Fleming Asset Management the ultimate parent company of JPMSI. Commission, Office of Information and (London) Limited, and J.P. Morgan JPMSI, a Delaware corporation, is a full Investment Management Inc. (together, service investment-banking firm and is 2 This estimate is based on information the ‘‘Applicants’’).1 registered as a broker-dealer under the conversations with representatives of the fund Filing Dates: The application was Securities Exchange Act of 1934 (the industry. filed on October 1, 2003. Applicants 3 Commodity Futures Trading Commission, ‘‘Exchange Act’’) and as an investment Annual Report (2002). have agreed to file an amendment adviser under the Advisers Act. Each 4 The rule requires a contract with the FCM to during the notice period, the substance Applicant serves as investment adviser contain three provisions. Two of the provisions of which is reflected in this notice. or sub-adviser to certain registered require the FCM to comply with existing Hearing or Notification of Hearing: An investment companies (‘‘Funds’’). requirements under the CEA and rules adopted order granting the application will be under that Act. Thus, to the extent these provisions 2. On October 8, 2003, the United could be considered collections of information, the issued unless the Commission orders a States District Court for the District of hours required for compliance would be included Columbia entered the Injunction against in the collection of information burden hours 1 Applicants request that any relief granted JPMSI in a matter brought by the submitted by the Commodity Futures Trading pursuant to the application also apply to JPMSI and 2 Commission for its rules. The third contract any other existing company of which JPMSI is an Commission. The Commission alleged provision requires that the FCM produce records or affiliated person within the meaning of section other information requested by the Commission or 2(a)(3) of the Act and to any other company of 2 Securities and Exchange Commission v. J.P. its staff. Commission staff has requested this type which JPMSI may become an affiliated person in Morgan Securities Inc., Final Judgment Against J.P. of information from an FCM so infrequently in the the future (together with Applicants, ‘‘Covered Morgan Securities Inc., 03:CV 02028 (ESH) (D.D.C., past that the annual burden hours are de minimis. Persons’’). filed October 8, 2003).

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in the complaint (‘‘Complaint’’) that 9(c) seeking a temporary and permanent certain research analysts’ conflicts of JPMSI violated Rule 101 of Regulation order exempting them from the interest.4 M under the Exchange Act by disqualification provisions of section Applicants’ Condition attempting to induce certain 9(a) of the Act. Applicants agree that any order institutional customers to place orders 3. Applicants believe they meet the granting the requested relief will be for shares in the aftermarket for certain standards for exemption specified in subject to the following condition: initial public offerings (‘‘IPOs’’) it section 9(c). Applicants state that the underwrote during the restricted period prohibitions of section 9(a) as applied to Any temporary exemption granted of such IPOs. In addition, the Complaint them would be unduly and pursuant to the application shall be without alleged that JPMSI violated NASD prejudice to, and shall not limit the disproportionately severe and that the Conduct Rule 2110 by persuading one Commission’s rights in any manner with conduct of Applicants has been such as or more institutional customers to take respect to, any Commission investigation of, not to make it against the public interest an allocation of a ‘‘cold’’ IPO by or administrative proceedings involving or promising to reward the customer with or the protection of investors to grant against, Covered Persons, including without an allocation of an upcoming ‘‘hot’’ IPO. the exemption from section 9(a). limitation, the consideration by the 4. Applicants state that none of their Commission of a permanent exemption from The alleged violations occurred in section 9(a) of the Act requested pursuant to connection with certain IPOs officers or employees who are engaged the application or the revocation or removal underwritten by JPMSI from March in the provision of investment advisory of any temporary exemptions granted under 1999 through August 2000. Without services to the Funds participated in the Act in connection with the application. admitting or denying any of the any way in the conduct underlying the Temporary Order: allegations in the Complaint, except as Injunction. Applicants further state that The Commission has considered the to jurisdiction, JPMSI consented to the the conduct underlying the Injunction matter and finds that Applicants have entry of the Injunction as well as the did not involve any Funds. made the necessary showing to justify payment of a civil penalty of $25 5. Applicants state that the inability to granting a temporary exemption. million. continue providing advisory services to Accordingly, Applicants’ Legal Analysis the Funds would result in potentially It is hereby ordered, pursuant to severe hardships for the Funds and their section 9(c) of the Act, that Covered 1. Section 9(a)(2) of the Act, in Persons are granted a temporary relevant part, prohibits a person who shareholders. Applicants also state that exemption from the provisions of has been enjoined from engaging in or they have distributed, or will distribute section 9(a), effective forthwith, solely continuing any conduct or practice in as soon as reasonably practical, written with respect to the Injunction, subject to connection with the purchase or sale of materials, including an offer to meet in the condition in the application, until a security from acting, among other person to discuss the materials, to the the date the Commission takes final things, as an investment adviser or boards of directors or trustees of the action on an application for a depositor of any registered investment Funds (the ‘‘Boards’’), including the permanent order. company or a principal underwriter for directors who are not ‘‘interested any registered open-end investment persons,’’ as defined in section 2(a)(19) By the Commission. company, registered unit investment of the Act, of such Funds and their Margaret H. McFarland, trust or registered face-amount independent legal counsel as defined in Deputy Secretary. certificate company. Section 9(a)(3) of rule 0–1(a)(6) under the Act, if any, [FR Doc. 03–26098 Filed 10–15–03; 8:45 am] the Act makes the prohibition in section regarding the Injunction, any impact on BILLING CODE 8010–01–P 9(a)(2) applicable to a company, any the Funds, and the application. The affiliated person of which has been Applicants will provide the Boards with disqualified under the provisions of all information concerning the SECURITIES AND EXCHANGE section 9(a)(2). Section 2(a)(3) of the Act Injunction and the application that is COMMISSION defines ‘‘affiliated person’’ to include necessary for the Funds to fulfill their any person directly or indirectly disclosure and other obligations under Sunshine Act Meeting controlling, controlled by, or under the federal securities laws. FEDERAL REGISTER CITATION OF PREVIOUS common control with, the other person. 6. Applicants also assert that, if they Applicants state that because JPMSI and ANNOUNCEMENT: [68 FR 58728, October were barred from providing services to 10, 2003] the Applicants are under common the Funds, the effect on their businesses STATUS: Closed meeting. control of JPMC, JPMSI is an ‘‘affiliated and employees would be severe. person’’ of each of the Applicants Applicants state that they have PLACE: 450 Fifth Street, NW., within the meaning of section 2(a)(3) of committed substantial resources to Washington, DC. the Act. Applicants state that, as a result establish an expertise in advising and DATE AND TIME OF PREVIOUSLY ANNOUNCED of the Injunction, they would be subject subadvising Funds. Applicants recently MEETING: Thursday, October 16, 2003 at to the prohibitions of section 9(a). applied for, and received, an order of 10 a.m. 2. Section 9(c) of the Act provides that exemption pursuant to section 9(c) of CHANGE IN THE MEETING: Additional item. the Commission shall grant an the Act for conduct relating to Enron The following item has been added to application for exemption from the Corp.’s financial statement disclosure of the closed meeting of Thursday, October disqualification provisions of section transactions with affiliates of JPMC.3 In 16, 2003: Litigation matter. 9(a) if it is established that these addition, Applicants recently applied Commissioner Campos, as duty provisions, as applied to Applicants, are for an exemption pursuant to section officer, determined that Commission unduly or disproportionately severe or 9(c) of the Act for conduct relating to business required the above change and that Applicants’ conduct has been such that no earlier notice thereof was as not to make it against the public 3 JF International Management Inc., et al., possible. interest or the protection of investors to Investment Company Act Release Nos. 26141 (July grant the application. Applicants have 28, 2003)(notice and temporary order) and 26168 4 J.P. Morgan Securities Inc. et al., File No. 812– filed an application pursuant to section (August 26, 2003)(permanent order). 12959.

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At times, changes in Commission comments on the proposed rule change, discloses in a press release the material priorities require alterations in the as amended, from interested persons terms of the grant, including the scheduling of meeting items. For further and is approving the proposal, as recipient(s) of the grant and the number information and to ascertain what, if amended, on an accelerated basis. of shares involved [the potential any, matters have been added, deleted issuance of shares pursuant to such I. Self-Regulatory Organization’s or postponed, please contact the Office options does not exceed 5% of the Statement of the Terms of Substance of of the Secretary at (202) 942–7070. company’s outstanding common stock]; the Proposed Rule Change Dated: October 14, 2003. or The Exchange proposes to amend (b) [such options are to be granted:] Jonathan G. Katz, Section 711 of the Amex Company [(i)] [under a] tax qualified, non- Secretary. Guide relating to shareholder approval discriminatory employee benefit plans [FR Doc. 03–26344 Filed 10–14–03; 3:57 pm] of stock option and equity [or arrangement] (e.g., plans that meet BILLING CODE 8010–01–M compensation plans. the requirements of Section 401(a) or Below is the text of the proposed rule 423 of the Internal Revenue Code) or change, as amended. Proposed new parallel nonqualified plans, provided SECURITIES AND EXCHANGE language is italicized; proposed deleted such plans are approved by the COMMISSION language is [bracketed]. company’s independent compensation [Release No. 34–48610; File No. SR–Amex– * * * * * committee or a majority of the 2003–42] company’s independent directors; or American Stock Exchange LLC plans that merely provide a convenient Self Regulatory Organizations; Notice Company Guide way to purchase shares in the open of Filing and Order Granting * * * * * market or from the issuer at fair market Accelerated Approval of a Proposed value [in which all, or substantially all, Sec. 711, [Options to Officers, Directors Rule Change and Amendment Nos. 1, of the company’s employees participate, or Key Employees]—Shareholder 2 and 3 Thereto by the American Stock in a fair and equitable manner]; or Approval of Stock Option and Exchange LLC Relating to Shareholder (c) a plan or arrangement relating to Equity Compensation Plans Approval of Stock Option Plans and an acquisition or merger; or Other Equity Compensation Approval of shareholders is required (d) warrants or rights issued generally Arrangements in accordance with Section 705 [(unless to all security holders of the company or exempted under paragraphs (a) and (b) stock purchase plans available on equal October 9, 2003. below) as a prerequisite to approval of terms to all security holders of the Pursuant to Section 19(b)(1) of the applications to list additional shares company (such as a typical dividend Securities Exchange Act of 1934 reserved for] with respect to the reinvestment plan). 1 2 (‘‘Act’’), and Rule 19b–4 thereunder, establishment of (or material A listed company is required to notify notice is hereby given that on May 6, amendment to) a stock option[s] or the Exchange in writing with respect to 2003, the American Stock Exchange LLC purchase plan or other equity the use of any of the exceptions set forth (‘‘Amex’’ or ‘‘Exchange’’) filed with the compensation arrangement pursuant to in paragraphs (a) through (d). Securities and Exchange Commission which options or stock may be acquired [(ii) under a plan or arrangement for (‘‘SEC’’ or ‘‘Commission’’) the proposed by officers, directors, employees, or officers, directors or key employees rule change as described in Items I and consultants [granted or to be granted to provided such incentive arrangements II below, which Items have been officers, directors or key employees], do not authorize the issuance of more prepared by the Exchange. On July 24, regardless of whether or not such than 5% of outstanding common stock 2003, the Amex filed Amendment No. 1 authorization is required by law or by in any one year and provided that all 3 to the proposed rule change. On the company’s charter, except for:[.] arrangements adopted without September 10, 2003, the Amex filed [Note: This policy does not preclude shareholder approval in any five-year Amendment No. 2 to the proposed rule the adoption of a stock option plan, or period do not authorize, in the 4 change. On October 1, 2003, the Amex the granting of options, subject to aggregate, the issuance of more than filed Amendment No. 3 to the proposed ratification by shareholders, prior to the 10% of such common stock. (For the 5 rule change. The Commission is filing of an application for the listing of purpose of calculating the percentage of publishing this notice to solicit the shares reserved for such purpose. stock issued in the aggregate, stock to be The Exchange will not require issued pursuant to options which have 1 15 U.S.C. 78s(b)(1). shareholders’ approval as a condition to expired and/or been cancelled shall not 2 17 CFR 240.19b–4. listing shares reserved for the exercise of be included.)] 3 See letter from Claudia Crowley, Vice President, Listing Qualifications, Amex, to Nancy Sanow, options when:] [For purposes of the above policy, the Assistant Director, Division of Market Regulation (a) [such options are issued] issuances term ‘‘options’’ includes not only the (‘‘Division’’), Commission, dated July 22, 2003 to an individual, not previously an usual type of nontransferable options (‘‘Amendment No. 1’’). Amendment No. 1 employee[d] or director of [by] the granted in consideration of continued supercedes and replaces Amex’s original Rule 19b– 4 filing in its entirety. company, or following a bonafide period employment, but also any other 4 See letter from Claudia Crowley, Vice President, of non-employment, as an inducement arrangement under which controlling Listing Qualifications, Amex, to Nancy Sanow, [essential] material to entering into [a shareholders, officers, directors or key Assistant Director, Division, Commission, dated contract of] employment with the employees may acquire (other than as September 9, 2003 (‘‘Amendment No. 2’’). company provided that such issuances part of a public offering) stock or Amendment No. 2 supercedes and replaces Amex’s original Rule 19b–4 filing and Amendment No. 1 in are approved by the company’s convertible securities of a company at a their entirety. independent compensation committee price below market price at the time 5 See letter from Claudia Crowley, Vice President, or a majority of the company’s such stock is acquired or through the Listing Qualifications, Amex, to Sapna C. Patel, independent directors, and, promptly use of credit extended, directly or Special Counsel, Division, Commission, dated October 1, 2003 (‘‘Amendment No. 3’’). In following an issuance of any indirectly, by the company. Thus, the Amendment No. 3, the Amex made a technical employment inducement grant in sale to such a person(s) of a common change to the proposed rule language. reliance on this exception, the company stock purchase warrant or right (not part

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of a public offering) or the sale of stock approval for shareholder approval for existing plan, absent the transaction, to such person who has borrowed warrants or rights offered generally to and (2) such options and other awards money from the company, will normally all shareholders. In addition, an are not granted to individuals who were necessitate shareholder approval.] exception is provided for tax qualified, employed by the granting company or Commentary * * * non-discriminatory employee benefit its subsidiaries at the time the merger or plans as well as parallel nonqualified acquisition was consummated. A plan .01 Section 711 requires shareholder 1 approval when a plan or other equity plans as these plans are regulated or arrangement adopted in compensation arrangement is under the Internal Revenue Code and contemplation of the merger or established or materially amended. For Treasury Department regulations. An acquisition transaction would not be these purposes, a material amendment equity compensation plan that provides viewed as pre-existing for purposes of would include, but not be limited to, the non-U.S. employees with substantially this exception. This exception is following: the same benefits as a comparable tax- appropriate because it will not result in (a) any material increase in the qualified, non-discriminatory employee any increase in the aggregate potential number of shares to be issued under the benefit plan or parallel nonqualified dilution of the combined enterprise. In plan that the issuer provides to its U.S. plan (other than to reflect a this regard, any additional shares employees, but for features necessary to reorganization, stock split, merger, available for issuance under a plan or comply with applicable foreign tax law, spinoff or similar transaction); arrangement acquired in connection is also exempt from shareholder (b) any material increase in benefits to with a merger or acquisition would be approval under this section. participants, including any material counted in determining whether the Further, there is an exception for transaction involved the issuance of change to: (i) permit a repricing (or inducement grants to new employees decrease in exercise price) of 20% or more of the company’s because in these cases a company has outstanding common stock, thus outstanding options, (ii) reduce the an arm’s length relationship with the price at which shares or options to triggering the shareholder approval new employees. Inducement grants for requirements of Section 712(b). purchase shares may be offered, or (iii) these purposes include grants of options extend the duration of a plan; Inducement grants, tax qualified non- or stock to new employees in connection discriminatory benefit plans, and (c) any material expansion of the with a merger or acquisition. Section class of participants eligible to parallel nonqualified plans are subject 711 requires that such issuances must to approval by either the issuer’s participate in the plan; and be approved by the issuer’s independent (d) any expansion in the types of independent compensation committee, compensation committee or a majority or a majority of the issuer’s independent options or awards provided under the of the issuer’s independent directors. plan. directors. A listed company is not Also, promptly following an issuance of permitted to use repurchased shares to While general authority to amend a any employment inducement grant in plan would not obviate the need for fund option plans or grants without reliance on this exception, the listed prior shareholder approval. In addition, shareholder approval, if a plan permits company must disclose in a press a specific action without further the issuer must notify the Exchange in release the material terms of the grant, writing when it uses any of these shareholder approval, then no such including the recipient(s) of the grant approval would generally be required. exceptions (see also Part 3 with respect and the number of shares involved. to the requirements applicable to However, if a plan contains a formula In addition, plans or arrangements additional listing of the underlying for automatic increases in the shares involving a merger or acquisition do not shares). available (sometimes called an require shareholder approval in two ‘‘evergreen formula’’), or for automatic situations. First, shareholder approval * * * * * 1 grants pursuant to a dollar-based will not be required to convert, replace The term ‘‘parallel nonqualified plan’’ formula (such as annual grants based or adjust outstanding options or other means a plan that is a ‘‘pension plan’’ within the meaning of the Employee Retirement on a certain dollar value, or matching equity compensation awards to reflect contributions based upon the amount of Income Security Act (‘‘ERISA’’), 29 U.S.C. the transaction. Second, shares § 1002 (1999), that is designed to work in compensation the participant elects to available under certain plans acquired parallel with a plan intended to be qualified defer), such plans cannot have a term in in acquisitions and mergers may be under Internal Revenue Code Section 401(a), excess of ten years unless shareholder used for certain post-transaction grants to provide benefits that exceed the limits set approval is obtained every ten years. without further shareholder approval. forth in Internal Revenue Code Section 402(g) Plans that do not contain a formula and This exception applies to situations (the section that limits an employee’s annual do not impose a limit on the number of where the party which is not a listed pre-tax contributions to a 401(k) plan), shares available for grant would require company following the transaction has Internal Revenue Code Section 401(a)(17) shareholder approval of each grant shares available for grant under pre- (the section that limits the amount of an under the plan. A requirement that employee’s compensation that can be taken existing plans that meet the into account for plan purposes) and/or grants be made out of treasury shares or requirements of this Section 711. These Internal Revenue Code Section 415 (the repurchased shares will not alleviate shares may be used for post-transaction section that limits the contributions and these additional shareholder approval grants of options and other equity benefits under qualified plans) and/or any requirements. awards by the listed company (after successor or similar limitations that may As a general matter, when preparing appropriate adjustment of the number thereafter be enacted. However, a plan will plans and presenting them for of shares to reflect the transaction), not be considered a parallel nonqualified shareholder approval, issuers should either under the pre-existing plan or plan unless (i) it covers all or substantially strive to make plan terms easy to arrangement or another plan or all employees of an employer who are understand. In that regard, it is arrangement, without further participants in the related qualified plan whose annual compensation is in excess of recommended that plans meant to shareholder approval, provided: (1) The the limit of Code Section 401(a)(17) (or any permit repricing use explicit time during which those shares are successor or similar limitation that may terminology to make this clear. available for grants is not extended hereafter be enacted) and (ii) its terms are Section 711 provides an exception to beyond the period when they would substantially the same as the qualified plan the requirement for shareholder have been available under the pre- that it parallels except for the elimination of

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the limitations described in the preceding Company Guide will become effective awards by the listed company (after sentence; and (iii) no participant receives upon SEC approval. appropriate adjustment of the number of employer equity contributions under the plan The Exchange represents that existing shares to reflect the transaction), either in excess of 25% of the participant’s cash plans will not require shareholder under the pre-existing plan or another compensation. approval unless there is a material plan, without further shareholder See also Section 806. amendment to the plan. Proposed approval, so long as (1) the time during * * * * * Commentary .01 to Section 711 of the which those shares are available for II. Self-Regulatory Organization’s Amex Company Guide specifies a non- grants is not extended beyond the Statement of the Purpose of, and exclusive list of plan amendments that period when they would have been Statutory Basis for, the Proposed Rule would be considered material, and also available under the pre-existing plan, Change clarifies that while broad general absent the transaction, and (2) such authority to amend a plan would not options and other awards are not In its filing with the Commission, the obviate the need for shareholder granted to individuals who were Amex included statements concerning approval, if a plan permits a specific employed by the granting company at the purpose of, and basis for, the action without further shareholder the time the merger or acquisition was proposed rule change and discussed any approval, then no such approval would consummated. The Exchange would comments it received on the proposed be required. Certain provisions in a view a plan adopted in contemplation of rule change. The text of these statements plan, however, cannot be amended the merger or acquisition as not pre- may be examined at the places specified without shareholder approval. For existing for purposes of this exception. in Item III below. The Amex has example, plans that contains a formula This exception is appropriate because it prepared summaries, set forth in for automatic increases in the shares would not result in any increase in the Sections A, B, and C below, of the most available (sometimes called an aggregate potential dilution of the significant aspects of such statements. ‘‘evergreen plan’’) or for automatic combined enterprise.8 A. Self-Regulatory Organization’s grants pursuant to a dollar-based The adoption of tax-qualified, non- Statement of the Purpose of, and formula cannot have a term in excess of discriminatory benefit plans (pursuant Statutory Basis for, the Proposed Rule ten years unless shareholder approval is to Internal Revenue Code and Treasury Change obtained every ten years. In addition, Department regulations) or parallel plans that do not contain a formula and nonqualified plans, will not require 1. Purpose do not impose a limit on the number of shareholder approval, but must be The Exchange represents that Section shares available for grant would require approved by either the issuer’s 711 of the Amex Company Guide shareholder approval of each grant independent compensation committee currently requires listed companies to under the plan. A requirement that or a majority of its independent obtain shareholder approval for many grants be made out of treasury shares or directors. In addition, an equity stock option plans and other repurchased shares will not alleviate compensation plan that provides non- arrangements in which officers, these additional shareholder approval U.S. employees with substantially the directors and key employees participate, requirements. The proposed same benefits as a comparable tax- to address concerns about the Commentary also provides that issuers qualified, non-discriminatory employee possibility of self-dealing and dilution should strive to make plan terms easily benefit plan or parallel nonqualified to the detriment of shareholders. The understandable and that plans meant to plan that the issuer provides to its U.S. Exchange further states that under permit repricing should use explicit employees, but for features necessary to Section 711(b)(i) of the Amex Company terminology in this regard. comply with applicable foreign tax law, Guide there is an exception for ‘‘broadly With respect to plans involving a is also exempt from shareholder based’’ plans in which all, or merger or acquisition, shareholder approval under Section 711 of the Amex substantially all, of the company’s approval would not be required in two Company Guide. However, the proposed employees participate in a fair and situations. First, shareholder approval rule addresses only the issue of whether equitable manner, even if officers, would not be required to convert, shareholder approval is required directors and key employees receive replace or adjust outstanding options or pursuant to Amex rules, and would not option grants under the plan, as well as other equity compensation awards to impact any shareholder approval or for de minimus grants. reflect the transaction. Second, shares other requirements under the Internal The Exchange represents that, in available under certain plans acquired Revenue Code or other applicable laws order to enhance investor confidence in corporate acquisitions and mergers or requirements with respect to such and provide consistency across may be used for certain post-transaction plans. marketplaces, it is proposing to grants without further shareholder The Exchange is also proposing to eliminate the existing exceptions to the approval. This exception applies to retain its existing exception for shareholder approval requirements situations where the party which is not inducement grants to new employees under current Section 711 of the Amex a listed company following the (including a previous employee Company Guide and to require transaction has shares available for grant following a bonafide period of non- shareholder approval of all stock option under pre-existing plans that meet the employment by the listed company), and equity compensation plans, subject requirements of revised Section 711 of including grants to new employees in to limited exceptions.6 The proposed the Amex Company Guide.7 These connection with a merger or acquisition. amendments to Section 711 of the Amex shares may be used for post-transaction The Exchange is also proposing to grants of options and other equity remove the existing restriction which 6 Section 302 of the Amex Company Guide provides that listed companies may not reissue 7 The Amex represents that such post-transaction 8 The Amex notes that any such shares reserved treasury shares without first obtaining shareholder grants can only be made under pre-existing plans for listing in connection with the transaction would approval, for any purpose where the rules or that were previously approved by shareholders. be counted by the Amex in determining whether policies of the Exchange would require such Telephone conversation between Claudia Crowley, the transaction involved the issuance of 20% or approval had the shares to be issued been Vice President, Listing Qualifications, Amex, and more of the company’s outstanding common stock previously authorized but unissued. This Sapna C. Patel, Attorney, Division, Commission, on and thus required shareholder approval under requirement is unchanged by the current proposal. July 23, 2003. Section 712(b) of the Amex Company Guide.

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limits such grants to five percent of the year (provided all such arrangements B. Self-Regulatory Organization’s company’s outstanding common stock, adopted without shareholder approval Statement on Burden on Competition which is in conformance with recently in any five year period do not authorize The Exchange does not believe that approved New York Stock Exchange, the issuance of more than ten percent of the proposed rule change will impose Inc. (‘‘NYSE’’) and The Nasdaq Stock outstanding common stock), and which any burden on competition. Market, Inc. (‘‘Nasdaq’’) proposals.9 The governs participation by controlling Exchange does not believe that shareholders, officers, directors and key C. Self-Regulatory Organization’s shareholder approval is necessary in employees in discounted private Statement on Comments on the these circumstances for several reasons. placements.10 Proposed Rule Change Received From The Exchange believes that inducement Finally, the Exchange notes that the Members, Participants, or Others grants are often subject to some urgency Commission has asked the Amex to No written comments were solicited and the need to obtain shareholder adopt a rule similar to the NYSE’s rule or received with respect to the proposed approval could thus be impracticable. prohibiting members and member rule change. Furthermore, the Exchange believes that organizations from giving a proxy to III. Solicitation of Comments such grants are negotiated at ‘‘arms’’ vote without instructions from length’’ and do not involve the potential beneficial owners when the matter to be Interested persons are invited to for self-dealing on the part of existing voted on authorizes the implementation submit written data, views, and officers and directors. However, the of any equity compensation plan, or any arguments concerning the foregoing, Exchange represents that all inducement material revision to the terms of any including whether the proposed rule grants will be subject to approval by existing equity compensation plan.11 change, as amended, is consistent with either the issuer’s independent The Amex has consented to the Act. Persons making written compensation committee or a majority reconsidering this issue.12 submissions should file six copies of its independent directors. thereof with the Secretary, Securities Additionally, the Exchange represents 2. Statutory Basis and Exchange Commission, 450 Fifth that promptly following an issuance of The Exchange believes that the Street, NW., Washington, DC 20549– any employment inducement grant in proposed rule change, as amended, is 0609. Copies of the submission, all reliance on this exception, a company consistent with Section 6 of the Act 13 subsequent amendments, all written must disclose in a press release the in general and furthers the objectives of statements with respect to the proposed material terms of the grant, including Section 6(b)(5)14 in particular in that it rule change that are filed with the the recipient(s) of the grant and the is designed to prevent fraudulent and Commission, and all written number of shares involved. manipulative acts and practices, to communications relating to the In addition, rights and warrants promote just and equitable principles of proposed rule change between the issued generally to all shareholders will trade, to foster cooperation and Commission and any person, other than not require shareholder approval, nor coordination with persons engaged in those that may be withheld from the would plans that merely provide a facilitating transactions in securities, to public in accordance with the convenient way for all security holders remove impediments to and perfect the provisions of 5 U.S.C. 552, will be to purchase shares on the open market mechanism of a free and open market available for inspection and copying at or from the issuer at fair market value and a national market system, to protect the Commission’s Public Reference on equal terms. The Amex believes that investors and the public interest and is Room. Copies of such filing will also be such issuances do not raise the same not designed to permit unfair available for inspection and copying at concerns regarding self-dealing and discrimination between customers, the principal office of the Exchange. All dilution as stock option plans. issuers, brokers, or dealers. submissions should refer to File No. Further, the Exchange proposes to SR–Amex–2003–42 and should be require the issuer to notify the Exchange 10 The Exchange has submitted a separate rule submitted by November 6, 2003. in writing when it uses any of the change proposal (SR–Amex–2003–70) to amend IV. Commission’s Findings and Order exceptions to the shareholder approval Section 713 of the Amex Company Guide to Granting Accelerated Approval of requirement contained in Section 711 of reincorporate this policy solely in the context of discounted private placements. The Commission Proposed Rule Change the Amex Company Guide, and such notes that this separate proposed rule change filed grants are also subject to Part 3 of the by the Amex is currently pending before the After careful review, the Commission Amex Company Guide with respect to Commission and has not been approved. finds that the Amex’s proposal, as the requirements applicable to the 11 See NYSE Rule 452 and Section 402.08 of the amended, is consistent with the Act and additional listing of the underlying NYSE’s Listed Company Manual. the rules and regulations promulgated 12 Telephone conversation between Claudia thereunder applicable to a national shares. Crowley, Vice President, Listing Qualifications, The Exchange also proposes to delete Amex, and Sapna C. Patel, Special Counsel, securities exchange and, in particular, the existing provision of Section 711 of Division, Commission, on October 2, 2003. The with the requirements of Section 6(b) of the Amex Company Guide, which Commission notes that equity compensation plans the Act.15 Specifically, the Commission have become an important issue for shareholders. finds that approval of the Amex’s contains an exception from the Because of the potential for dilution from such shareholder approval requirement for an issuances, the Commission believes that proposal, as amended, is consistent with 16 option plan that does not authorize the shareholders should be making the determination Section 6(b)(5) of the Act in that it is issuance to officers, directors or key rather than brokers on their behalf. The designed to, among other things, Commission further notes that, generally under facilitate transactions in securities; to employees of more than five percent of Amex rules, only matters that are considered outstanding common stock in any one routine are allowed to be voted on by a broker on prevent fraudulent and manipulative behalf of a beneficial owner. Because of the recent acts and practices; to promote just and 9 See Securities Exchange Act Release No. 48108 significance and concern about equity (June 30, 2003), 68 FR 39995 (July 3, 2003) (order compensation plans, the Commission strongly urges 15 15 U.S.C. 78f(b). In approving the Amex’s approving File Nos. SR–NYSE–2002–46 and SR– the Amex to designate that shareholder approval of proposal, as amended, the Commission has NASD–2002–140). See also Section 303A(8) of the equity compensation plans is not a routine matter considered the proposed rule’s impact on NYSE’s Listed Company Manual; NASD Rule and must be voted on by the beneficial owner. efficiency, competition and capital formation. 15 4350(i) and IM–4350–5; and File No. SR–NASD– 13 15 U.S.C. 78f(b). U.S.C. 78c(f). 2003–130. 14 15 U.S.C. 78f(b)(5). 16 15 U.S.C. 78f(b)(5).

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equitable principles of trade; to remove approval rule, that, promptly following 20% or more of the company’s impediments to and perfect the the grant of any inducement award, outstanding common stock, thereby mechanism of a free and open market companies must disclose in a press requiring shareholder approval under and a national market system; and in release the material terms of the award, Section 712(b) of the Amex Company general, to protect investors and the including the recipient(s) of the award Guide. Finally, the Commission notes public interest, and does not permit and the number of shares involved.19 that the Amex proposes an additional unfair discrimination among issuers. The Commission notes that the Amex is requirement that an issuer must notify The Commission has long encouraged also proposing a requirement, similar to it in writing when it uses this exception, exchanges to adopt and strengthen their the requirements under the NYSE and and/or any other exception, from its corporate governance listing standards Nasdaq’s recently approved shareholder shareholder approval requirement. in order to, among other things, restore approval rules,20 that an issuer must Based on the above, the Commission investor confidence in the national notify it in writing when it uses this believes that the Amex has provided marketplace. The Commission believes exception, and/or any other exception, measures to ensure that the exception that the Amex’s amended proposal, from its shareholder approval for mergers and acquisitions is only which requires shareholder approval of requirement. The Commission believes used in limited circumstances, which equity compensation plans and which that these disclosure and notification should help reduce the potential for follows the Commission’s approval of requirements will provide transparency dilution of shareholder interests. similar proposals by the NYSE and to investors and should reduce the C. Exception From Shareholder Nasdaq,17 is the first step under this potential for abuse of this exception for directive because it should have the Approval for Tax Qualified and Parallel inducement grants. Nonqualified Plans effect of safeguarding the interests of In addition, the Amex proposes to shareholders, while placing certain limit its exception for inducement The Commission believes that, given restrictions on Amex-listed companies. grants to new employees or to previous the extensive government regulation— In addition, the Commission notes employees being rehired after a bona the Internal Revenue Code and Treasury that the Amex’s proposal, as amended, fide period of interruption of regulations—for tax qualified plans and is similar and almost identical to employment, and to new employees in the general limitations associated with proposals by NYSE and Nasdaq connection with an acquisition or parallel nonqualified plans, requiring shareholder approval of equity merger. The Commission believes that shareholders should not experience compensation plans that have these limitations should help to prevent significant dilution as a result of this previously been approved by the the inducement exception from being exception. In addition, the Commission 18 Commission. The Commission used inappropriately. notes that the Amex proposes to add a believes that it has already considered limitation under this exception that a and addressed the issues that may be B. Exception From Shareholder plan would not be considered a raised by the Amex’s proposal when it Approval for Mergers and Acquisitions nonqualified parallel under its proposal approved the NYSE and Nasdaq’s The Commission notes that the if employees who are participants in proposals. The Commission notes that Amex’s exception from shareholder such plans receive employer approval of the Amex’s proposal, as approval for mergers and acquisitions contributions under the plans in excess amended, will conform Amex’s contains safeguards that should prevent of 25% of the participants’ cash shareholder approval requirements for abuse in this area. First, only pre- compensation. The Commission further equity compensation plans with those of existing plans that were previously notes that the Amex proposes an the NYSE and Nasdaq, and will approved by the acquired company’s additional requirement that an issuer immediately impose the same shareholders would be available to the must notify it in writing when it uses requirements on Amex issuers as those listed company for post-transactional this exception, and/or any other imposed upon NYSE and Nasdaq grants. In addition, shares under those exception, from its shareholder approval issuers. The adoption of these standards previously approved plans could not be requirement. The Commission believes by the Amex is an important step to granted to individuals who were that, taken together, these limitations ensure that issuers will not be able to employed, immediately before the should reduce concerns regarding abuse avoid shareholder approval transaction, by the post-transaction of this exception from the shareholder requirements for equity compensation listed company or its subsidiaries. The approval requirements. In addition, the Commission notes plans based on their listed marketplace. Commission also notes that, under both that, similar to the exemption under the Amex’s proposal, as amended, any A. Exception From Shareholder Section 303A(8) of the NYSE’s Listed shares reserved for listing in connection Approval for Inducement Grants Company Manual, the Amex proposes with a merger or acquisition pursuant to to adopt an exception from the The Commission believes that the this exception would be counted by the shareholder approval requirements for requirement that the issuance of all Amex in determining whether the an equity compensation plan that inducement grants be subject to review transaction involved the issuance of by either the issuer’s independent provides non-U.S. employees with substantially the same benefits as a compensation committee or a majority 19 This disclosure would, of course, be in addition of the board’s independent directors, to any information that is required to be disclosed comparable tax qualified, non- under the Amex’s amended proposal, in annual reports filed with the Commission. For discriminatory employee benefit plan or should prevent abuse of this exception example, Item 201(d) of Regulation S–K [17 CFR parallel nonqualified plan that the 229.201(d)] and Item 201(d) of Regulation S–B [17 issuer provides to its U.S. employees, from shareholder approval. The CFR 228.201(d)] require issuers to present—in their Commission notes that the Amex is annual reports on Form 10–K or Form 10–KSB— but for features necessary to comply proposing to include a requirement, separate, tabular disclosure concerning equity with applicable foreign tax law. The similar to the requirement under compensation plans that have been approved by Commission believes that this change shareholders and equity compensation plans that will conform Amex’s shareholder NYSE’s recently approved shareholder have not been approved by shareholders. 20 See Section 303A(8) of the NYSE’s Listed approval rule to that of the NYSE and 17 See supra note 9. Company Manual and NASD Rules 4310(c)(17)(A) will provide greater clarity for issuers 18 See supra note 9. and 4320(e)(15)(A) . regarding tax qualified, non-

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discriminatory employee benefit plans The Commission believes that the G. Miscellaneous Provisions and Other and parallel nonqualified plans for their Amex’s proposal, as amended, should Items non-U.S. employees. benefit shareholders by ensuring that The Commission notes that the D. Material Amendments to Plans companies cannot do a repricing of Amex’s amended proposal—similar to options, which can have a dilutive effect the NYSE and Nasdaq’s recently The Commission notes that the Amex on shares, without explicit shareholder approved shareholder approval proposes to provide a non-exclusive list, approval of such provisions and their rules 23—incorporates the term ‘‘equity similar to lists found in the NYSE and terms. The Commission also believes compensation’’ and proposes that plans Nasdaq’s shareholder approval rules,21 that the Amex’s approach to repricings that merely provide a convenient way to as to what constitutes a material is similar to the NYSE and Nasdaq’s purchase shares in the open market or amendment to a plan. As noted above, respective approaches to repricings, and from the issuer at fair market price on material amendments to plans will should offer companies clarity and equal terms to all security holders require shareholder approval under guidance as to when a change in a plan would not require shareholder approval. Amex rules. A material amendment regarding the repricing of options would The Commission believes that the under the Amex proposal, as amended, trigger a shareholder approval Amex’s proposal, as amended, is would include, but is not limited to: A requirement. consistent with the NYSE and Nasdaq’s material increase in the number of rules in this area and should provide shares to be issued under the plan (other F. Evergreen or Formula Plans and greater clarity with respect to which than to reflect a reorganization, stock Plans Without a Formula or Limit on the plans would and would not require split, merger, spinoff or similar Number of Shares Available shareholder approval. transaction); a material increase in The Commission notes that the benefits to participants, including any The Commission notes the Amex’s Amex’s proposal, as amended, provides material change to (1) permit a repricing proposal, as amended, provides that pre-existing plans, which were (or decrease in exercise price) of guidance for the treatment of evergreen/ adopted prior to the SEC’s approval of outstanding options, (2) reduce the price formula plans. More specifically, under the Amex’s proposal, would essentially at which shares or options to purchase the Amex’s proposal, as amended, if a be ‘‘grandfathered’’ and would not shares may be offered, or (3) extend the plan contains a formula for automatic require shareholder approval unless the duration of the plan; a material increases in the shares available or for plans were materially amended. The expansion of the class of participants automatic grants pursuant to a formula, Commission believes that this eligible to participate in the plan; an such plans cannot have a term in excess clarification should provide companies expansion of the type of options or of ten years unless shareholder approval with guidance as to which plans would awards available under the plan. The is obtained every ten years. In addition, be subject to the new Amex shareholder Amex’s proposal, as amended, also under the Amex’s proposal, as approval requirements. describes what would constitute a amended, if a plan contains no limit on Finally, the Commission urges the material amendment for plans the number of shares available and is Amex to quickly adopt a standard containing a formula for automatic not a formula plan, then each grant prohibiting discretionary broker voting increases (such as evergreen plans) and under the plan will require separate of equity compensation plans. NASD automatic grants requiring shareholder shareholder approval. Furthermore, the rules do not provide for broker voting on any matters, and NYSE rules prohibit approval. Amex’s proposal, as amended, provides broker voting on equity compensation The Commission believes that the that a requirement that grants be made plans. In its approval of the NYSE and Amex’s non-exclusive list of what out of treasury or repurchased shares Nasdaq proposals, the Commission would constitute a material amendment will not alleviate the need for to a plan provides companies with considered the impact on smaller shareholder approval for additional issuers, such as those listed on Nasdaq clarity and guidance for when certain grants.22 amendments to plans would require and the Amex, in response to the 24 shareholder approval. The Commission The Commission believes that these comments received on this issue. The also believes that the Amex’s proposal provisions should help to ensure that Commission believes that the benefit of to conform its non-exclusive list with certain terms of a plan cannot be drafted ensuring that the votes reflect the views the NYSE and Nasdaq’s rules on so broad as to avoid shareholder of beneficial shareholders on equity material amendments/revisions should scrutiny and approval. The Commission compensation plans outweighs the help to ensure that the concept of also believes that Amex’s proposed potential difficulties in obtaining the material amendments is consistent rules relating to the treatment of vote, and, therefore, strongly among the markets so that differences evergreen/formula plans and plans that recommends that the Amex quickly between the markets cannot be abused. do not contain a formula or place a limit adopt a prohibition on broker voting of on the number of shares available equity compensation plans.25 E. Repricing of Plans should provide more clarity and H. Summary The Commission notes that, under the transparency to issuers as to when Overall, the Commission believes that Amex’s proposal, as amended, if a plan shareholder approval would be required the Amex’s proposal, as amended, is is amended to permit repricing, such an for such plans. Finally, the Commission similar to the NYSE and Nasdaq’s amendment would be considered a believes that the provision ensuring that recently approved shareholder approval material amendment to a plan requiring treasury and repurchased shares cannot rules.26 The Commission therefore shareholder approval. In addition, the be used to avoid these additional believes that the Amex’s proposal, as Amex recommended in its proposal that shareholder approval requirements amended, should provide for more clear plans meant to permit repricing should strengthens the proposal and ensures that companies cannot avoid explicitly and clearly state that repricing 23 See supra note 9. is permitted. compliance with the rule. 24 See also supra notes 9 and 11. 25 See also supra note 12 and accompanying text. 21 See supra note 9. 22 See also supra note 8. 26 See supra note 9.

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and uniform standards for shareholder recently approved by the Commission.30 SECURITIES AND EXCHANGE approval of equity compensation plans. The Commission believes that it already COMMISSION The Commission notes that, even with considered and addressed the issues [Release No. 34–48609; File No. SR–CBOE– the availability of the proposed limited that may be raised by the Amex’s 2003–22] exceptions to shareholder approval proposal in its approval of the NYSE under the Amex’s proposal, as and Nasdaq’s proposals.31 Self-Regulatory Organizations; amended, shareholder approval under The Commission believes that Chicago Board Options Exchange, the new standards would be required in accelerated approval of the Amex’s Inc.; Order Approving Proposed Rule more circumstances than under existing proposal, as amended, is essential to Change and Amendment No. 1 and Amex rules. The Commission further allow for immediate harmonization of, Notice of Filing and Order Granting notes that the Amex proposes to adopt Accelerated Approval to Amendment a requirement that an issuer must notify and consistency in, the shareholder approval requirements for equity No. 3 Relating to the Limitation of it in writing when it uses one of the Liability of the Options Clearing compensation plans between the Amex, exceptions from the shareholder Corporation to Exchange Members approval requirements. The the NYSE, and Nasdaq. This will Commission believes that such a prevent issuers from making listing October 9, 2003. decisions based on differences in self- requirement, coupled with the I. Introduction additional disclosure requirements for regulatory organization shareholder inducement grants, should reduce the approval requirements and should On May 22, 2003, the Chicago Board potential for abuse of any of the provide equal investor protection to Options Exchange, Inc. (‘‘CBOE’’ or exceptions.27 shareholders on the dilutive effects of ‘‘Exchange’’) filed with the Securities The Commission believes that the plans irrespective of where the security and Exchange Commission Amex’s proposal, as amended, which is trades. The Commission further believes (‘‘Commission’’), pursuant to Section similar to the NYSE’s shareholder that making the Amex’s new 19(b)(1) of the Securities Exchange Act 1 approval rule and almost identical to shareholder approval rules effective of 1934 (‘‘Act’’) and Rule 19b–4 2 Nasdaq’s shareholder approval rule,28 upon Commission approval will thereunder, a proposed rule change to sets a consistent, minimum standard for immediately impose the same add an interpretation to its Rule 6.7. On shareholder approval of equity requirements on Amex issuers as those August 12, 2003, the Exchange filed compensation plans. The Commission Amendment No. 1 to the proposed rule imposed upon NYSE and Nasdaq 3 believes that the Amex’s proposal, as issuers. Based on the above, the change. The proposed rule change, as amended, should help to ensure that Commission finds good cause, amended, was published for comment in the Federal Register on August 19, companies will not make listing consistent with Sections 6(b)(5) and 2003.4 On September 10, 2003, the decisions simply to avoid shareholder 19(b)(2) of the Act 32 to approve the CBOE submitted Amendment No. 2 to approval requirements for equity Amex’s proposal, as amended, on an the proposed rule change.5 On October compensation plans and should provide accelerated basis. shareholders with greater protection 6, 2003, the CBOE submitted from the potential dilutive effect of VI. Conclusion Amendment No. 3 to the proposed rule equity compensation plans. Based on change.6 the above, the Commission finds that It is therefore ordered, pursuant to The Commission received no 33 the Amex’s proposal, as amended, section 19(b)(2) of the Act, that the comments on the proposed rule change, should help to protect investors, are in proposed rule change (SR–Amex–2003– the public interest, and do not unfairly 42) and Amendment Nos. 1, 2 and 3 are 1 15 U.S.C. 78s(b)(1). 2 discriminate among issuers, consistent hereby approved on an accelerated 17 CFR 240.19b–4. 3 See letter from David Doherty, Attorney, Legal 29 basis. with Sections 6(b) of the Act. The Division, CBOE to Timothy Fox, Attorney, Division Commission therefore finds the Amex’s For the Commission, by the Division of of Market Regulation (‘‘Division’’), Commission, proposal, as amended, to be consistent Market Regulation, pursuant to delegated dated August 11, 2003 (‘‘Amendment No. 1’’). In with the Act and the rules and authority.34 Amendment No. 1, the CBOE replaced the phrase ‘‘persons associated therewith’’ with the phrase regulations thereunder. Margaret H. McFarland, ‘‘associated persons’’ in proposed Interpretation .04 V. Accelerated Approval of the Amex’s Deputy Secretary. to CBOE Rule 6.7. 4 Securities Exchange Act Release No. 48320 Proposal and Amendment Nos. 1, 2 and [FR Doc. 03–26103 Filed 10–15–03; 8:45 am] (August 12, 2003), 68 FR 49827. 3 BILLING CODE 8010–01–P 5 See letter from David Doherty, Attorney, Legal The Commission finds good cause for Division, CBOE to Timothy Fox, Attorney, Division, Commission, dated September 9, 2003 30 approving the Amex’s proposal, as See Securities Exchange Act Release No. 46620 (‘‘Amendment No. 2’’). In Amendment No. 2, the amended, prior to the thirtieth day after (October 8, 2002), 67 FR 63486 (notice of the CBOE deleted the provisions of proposed NYSE’s proposal). The Commission also published Interpretation .04 to CBOE Rule 6.7 that provided the date of publication of notice thereof a correction to the notice of the NYSE’s proposal. in the Federal Register. The that the Options Intermarket Linkage (‘‘Linkage’’) is See Securities Exchange Act Release No. 44620A a facility or service afforded by the Exchange for the Commission notes that the Amex’s (October 21, 2002), 67 FR 65617 (October 25, 2002). purposes of CBOE Rule 6.7. Further, the CBOE proposal, as amended, is similar to the See Securities Exchange Act Release No. 46649 proposed that the Exchange would have no liability NYSE’s proposal and almost identical to (October 11, 2002), 67 FR 64173 (notice of Nasdaq’s to its members with respect to the use, non-use or proposal). See supra note 9. inability to use the Linkage. the Nasdaq’s proposal requiring 31 Some of the substantive provisions ultimately 6 See letter from David Doherty, Attorney, Legal shareholder approval of equity adopted by the NYSE and Nasdaq, and now being Division, CBOE to Jennifer Colihan, Special compensation plans. Both the NYSE and proposed for adoption by the Amex, were in Counsel, Division, Commission, dated October 3, Nasdaq proposals were published for response to these comments. The comments on the 2003 (‘‘Amendment No. 3’’). In Amendment No. 3, NYSE and Nasdaq proposals were also discussed in comment in the Federal Register and which superseded and replaced Amendment No. 2 detail in the Commission’s approval order of the in its entirety, CBOE deleted the provisions of NYSE and Nasdaq proposals. See supra note 9. proposed Interpretation .04 to CBOE Rule 6.7 that 27 See also supra note 19 and accompanying text. 32 15 U.S.C. 78f(b)(5) and 78s(b)(2). provided that Linkage is a facility or service 28 See supra note 9. 33 15 U.S.C. 78s(b)(2). afforded by the Exchange for the purposes of CBOE 29 15 U.S.C. 78f(b)(5). 34 17 CFR 200.30–3(a)(12). Rule 6.7.

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as amended. This order approves the prior to the thirtieth day after the date SECURITIES AND EXCHANGE proposed rule change, as amended, and of publication of notice thereof in the COMMISSION issues notice of, and grants accelerated Federal Register. In Amendment No. 3, [Release No. 34–48600, File No. SR–CBOE– approval to, Amendment No. 3. the CBOE proposes to eliminate a 2003–44] II. Description of the Proposed Rule provision from proposed Interpretation Change .04 to CBOE Rule 6.7 that characterized Self-Regulatory Organizations; Notice Linkage as a facility or service of the of Filing and Order Granting Pursuant to the Linkage Project and Exchange for purposes of Exchange Rule Accelerated Approval of a Proposed Facilities Management Agreement 6.7. The Commission believes that Rule Change by the Chicago Board (‘‘Agreement’’),7 the Linkage removing this provision makes the Options Exchange, Inc., To Amend a Participants, including the Exchange, CBOE’s rules consistent with the rules Rule Regarding Nullification and are required to file a proposed rule Adjustment of Transactions change with the Commission to provide of some of the other Exchanges recently 12 the Options Clearing Corporation approved by the Commission. October 7, 2003. (‘‘OCC’’) with limited liability with IV. Solicitation of Comments Pursuant to Section 19(b)(1) of the respect to the members’’ use of the Securities Exchange Act of 1934 Linkage. The CBOE represents that it Interested persons are invited to (‘‘Act’’),1 and Rule 19b–4 thereunder,2 filed this proposed rule change to fulfill submit written data, views, and notice is hereby given that on October its obligation under the Agreement. The arguments concerning Amendment No. 7, 2003, the Chicago Board Options CBOE proposes to adopt Interpretation 3, including whether Amendment No. 3 Exchange, Inc. (‘‘CBOE’’ or ‘‘Exchange’’) .04 to CBOE Rule 6.7 to limit the is consistent with the Act. Persons filed with the Securities and Exchange liability for the OCC with respect to making written submissions should file Commission (‘‘Commission’’) the CBOE members’ use of the Linkage. six copies thereof with the Secretary, proposed rule change as described in Items I and II below, which Items have III. Discussion Securities and Exchange Commission, 450 Fifth Street, NW., Washington, DC been prepared by the Exchange. The The Commission finds that the 20549–0609. Copies of the submission, Commission is publishing this notice to proposed rule change, as amended, is all subsequent amendments, all written solicit comments on the proposed rule consistent with the requirements of the change from interested persons and is statements with respect to the proposed Act and the rules and regulations granting accelerated approval of the rule change that are filed with the thereunder applicable to a national proposed rule change, which will be in Commission, and all written securities exchange 8 and, in particular, effect on a temporary basis. the requirements of Section 6(b) of the communications relating to the I. Self-Regulatory Organization’s Act 9 and the rules and regulations proposed rule change between the Statement of the Terms of Substance of thereunder. The Commission finds that Commission and any person, other than the Proposed Rule Change the proposed rule change, as amended, those that may be withheld from the is consistent with Section 6(b)(5) of the public in accordance with the The Exchange is proposing to amend Act,10 which requires, among other provisions of 5 U.S.C. 552, will be its obvious error rule, CBOE Rule 6.25, things, that the rules of the Exchange be available for inspection and copying in on a pilot basis. Proposed new language designed to foster cooperation and the Commission’s Public Reference is italicized. coordination with persons engaged in Room. Copies of such filing also will be * * * * * regulation, clearing, settling, processing available for inspection and copying at Rule 6.25 Nullification and information with respect to, and the principal office of the CBOE. All Adjustment of Electronic Transactions facilitating transactions in securities, to submissions should refer to File No. remove impediments to and perfect the SR–CBOE–2003–22 and should be (a)–(e) No Change. mechanism of a free and open market submitted by November 6, 2003. Interpretations and Policies...... and a national market system, and, in general, to protect investors and the V. Conclusion .03 (a) Trades may be adjusted or public interest, and are not designed to nullified when the execution price of the It Is Therefore Ordered, pursuant to permit unfair discrimination between trade is higher or lower than the Section 19(b)(2) of the Act,13 that the customers, issuers, brokers, or dealers. Theoretical Price for the series by an proposed rule change, as amended, (File The Commission believes that this amount equal to at least two times the proposed rule change, as amended, No. SR–CBOE–2003–22) is approved, maximum bid/ask spread allowed for should foster cooperation and should and Amendment No. 3 is approved on the option under Rule 8.7(b)(4), so long promote a relationship between the an accelerated basis. as such amount is $0.50 or more or CBOE and the OCC that is conducive to For the Commission, by the Division of $0.25 or more for options priced under the effective operation of the Linkage. Market Regulation, pursuant to delegated $3. For purposes of this subparagraph, The Commission finds good cause, authority.14 the Theoretical Price of an option is the last bid (offer) price, just prior to the pursuant to Section 19(b)(2) of the Margaret H. McFarland, Act,11 for approving Amendment No. 3 trade, from the exchange providing the Deputy Secretary. most volume in the option with respect [FR Doc. 03–26206 Filed 10–15–03; 8:45 am] 7 Linkage Project and Facilities Management to an erroneous bid (offer) entered on Agreement (January 30, 2003). BILLING CODE 8010–01–P the Exchange. If there are no quotes for 8 In approving this proposed rule change, as comparison purposes, then the amended, the Commission notes that it has 12 Theoretical Price of an option is as considered the proposed rule’s impact on See Exchange Act Release Nos. 48530 efficiency, competition, and capital formation. 15 (September 24, 2003), 68 FR 56357 (September 30, determined by two Trading Officials. U.S.C. 78c(f). 2003) (SR–ISE–2003–15), and 48531 (September 24, CBOE will use the volume figures for 9 15 U.S.C. 78f(b). 2003), 68 FR 56370 (SR–Phlx–2003–43). 10 15 U.S.C. 78f(b)(5). 13 Id. 1 15 U.S.C. 78s(b)(1). 11 15 U.S.C. 78s(b)(2). 14 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4.

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that day (up to the time of the SBT trade nullification rule (CBOE Rule Securities Exchange (‘‘ISE’’) and Pacific transaction in question) to determine 43.5) provision relating to obvious Exchange (‘‘PCX’’) have ‘‘clearly which exchange provides the most pricing errors, as described below.4 erroneous’’ rules, and CBOE represents volume. If CBOE is the volume leader, Proposed Interpretation .03 to CBOE that the obvious pricing component that it will use volume figures from the Rule 6.25 will allow for the adjustment it proposes herein is much more exchange with the next highest volume or nullification of trades when the restrictive than either of those level. execution price of the trade is higher or Exchanges’ rules. According to CBOE, (b) This Interpretation expires upon lower than the ‘‘Theoretical Price’’ for this means that the same trade executed final approval of SR–CBOE–2001–04 or the series by an amount equal to at least on CBOE and ISE or PCX could be December 1, 2003, whichever occurs two times the maximum bid/ask spread nullified or adjusted on the PCX or ISE earlier. allowed for the option under CBOE Rule while it would stand on CBOE. * * * * * 8.7(b)(4), provided the amount is $0.50 Accordingly, CBOE believes that or more or $0.25 or more for options competitive forces necessitate this II. Self-Regulatory Organization’s priced under $3. For purposes of this proposal. Statement of the Purpose of, and Interpretation, the Theoretical Price of The Exchange requests approval of Statutory Basis for, the Proposed Rule an option is defined as the last bid this Interpretation on a temporary basis Change (offer) price, just prior to the trade, from until the earlier of final Commission In its filing with the Commission, the the exchange providing the most approval of File No. SR–CBOE–2001–04 Exchange included statements volume in the option with respect to an or December 1, 2003. The procedural concerning the purpose of, and basis for, erroneous bid (offer) entered on the requirements necessary for the proposed rule change and discussed Exchange. If there are no quotes for implementation of CBOE Rule 6.25 (i.e., any comments it received on the comparison purposes, then the Sections (b)–(e)) were approved by the proposed rule change. The text of these Theoretical Price of an option is as Commission on a pilot basis on statements may be examined at the determined by two Trading Officials. September 29, 2003 and will be utilized places specified in Item III below. The CBOE will look to the volume figures for to implement proposed Interpretation Exchange has prepared summaries, set that day, up to the time of the .03. transaction in question, to determine forth in Sections A, B, and C below, of 2. Statutory Basis the most significant aspects of such which exchange provides the most statements. volume. If CBOE is the volume leader, By providing for the adjustment or it will use volume figures from the nullification of trades executed at A. Self-Regulatory Organization’s exchange with the next highest volume clearly erroneous prices, the Exchange Statement of the Purpose of, and level. believes the proposed rule change is Statutory Basis for, the Proposed Rule The Exchange represents that consistent with the Act and the rules Change approval is both necessary and justified and regulations under the Act for several reasons. First, as indicated 1. Purpose applicable to a national securities above, the Commission has already exchange and, in particular, the On September 29, 2003, the approved a substantially similar rule requirements of Section 6(b) of the Act.5 Commission granted partial accelerated provision in the context of CBOE’s SBT. Specifically, the Exchange believes that approval on a pilot basis of a provision The SBT rules were published for the proposed rule change is consistent of CBOE’s proposed obvious error rule comment and the Commission received with the requirements of Section 6(b)(5) that allows for the adjustment and no negative comments. Second, and of the Act,6 which requires that the rules nullification of trades resulting from most important, the rule is necessary of an exchange be designed to promote verifiable disruptions or malfunctions of from a protective standpoint: trades just and equitable principles of trade, to 3 Exchange systems. According to CBOE, executed at obviously erroneous prices prevent fraudulent and manipulative while approval of this section provides can have extreme financial ramifications acts and, in general, to protect investors a degree of relief to market makers and on a market maker and the inability to and the public interest. Designate Primary Market Makers seek relief for obvious errors imposes a (‘‘DPMs’’) who, through no fault of their form of strict liability trading upon B. Self-Regulatory Organization’s own, execute trades electronically based participants. The Exchange is not Statement on Burden on Competition on erroneous prices, it does not provide requesting relief from errors that do not CBOE does not believe that the any protection against transactions qualify as obvious, and readily accepts proposed rule change will impose any executed at obviously erroneous prices that in some instances the cost of doing burden on competition that is not that are not the result of Exchange business means that market makers necessary or appropriate in furtherance systems disruptions. The purpose of this must honor trades executed at of the purposes of the Act. proposal, therefore, is to request inaccurate prices. CBOE believes that accelerated approval, of new temporary requiring a market maker to honor C. Self-Regulatory Organization’s Interpretation .03 to CBOE Rule 6.25, trades executed at prices that are not Statement on Comments on the which is substantially similar to the even remotely close to theoretical value, Proposed Rule Change Received From will have nothing but a chilling effect Members, Participants, or Others 3 See Securities Exchange Act Release No. 48556 and cause those market participants to CBOE did not solicit or receive (September 29, 2003), 68 FR 57716 (October 6, stop quoting or reduce their sizes. CBOE written comments on the proposed rule 2003), (File No. SR–CBOE–2001–04). The Exchange’s proposed obvious error rule, CBOE Rule notes that both the International change. 6.25, defines six instances that qualify as ‘‘obvious errors’’ and hence are subject to adjustment or 4 The Commission approved CBOE Rule 43.5 as III. Solicitation of Comments nullification. The Commission approved on a part of the Exchange’s screen-based trading (‘‘SBT’’) Interested persons are invited to temporary basis until December 1, 2003 the rules. See Securities Exchange Act Release No. submit written data, views, and following sections of CBOE Rule 6.25: (a)(3) and 47628 (April 3, 2003), 68 FR 17697 (April 10, 2003) (b)–(e). The following sections of CBOE Rule 6.25 (File No. SR–CBOE–2000–55). CBOE represents that have not yet been approved: (a)(1), (2), (4)–(6) and SBT rules have no application to trading that is not 5 15 U.S.C. 78f(b). Interpretations .01 and .02. effected through the SBT. 6 15 U.S.C. 78f(b)(5).

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arguments concerning the foregoing, and subject to specific and objective and hereby is approved on an including whether the proposed rule procedures. The Commission believes accelerated basis. Interpretation .03 to change is consistent with the Act. that CBOE’s proposed Interpretation .03 CBOE Rule 6.25 specifies that the Persons making written submissions to CBOE Rule 6.25 establishes such Interpretation will expire upon final should file six copies thereof with the specific and objective criteria for Commission approval of File No. SR– Secretary, Securities and Exchange determining when a trade may involve CBOE–2001–04 or December 1, 2003, Commission, 450 Fifth Street, NW., an ‘‘obvious price error,’’ and thus may whichever occurs earlier. Washington, DC 20549–0609. Copies of be adjusted or nullified in a fair and For the Commission, by the Division of the submission, all subsequent non-discriminatory manner. The Market Regulation, pursuant to delegated amendments, all written statements Commission notes that if there are no authority.16 with respect to the proposed rule quotes for comparison, CBOE has Margaret H. McFarland, change that are filed with the specified that trading officials may Deputy Secretary. Commission, and all written determine the Theoretical Price, which [FR Doc. 03–26207 Filed 10–15–03; 8:45 am] communications relating to the would then be used to adjust or nullify proposed rule change between the transactions resulting from an obvious BILLING CODE 8010–01–P Commission and any person, other than price error. those that may be withheld from the The Commission finds good cause, 9 SECURITIES AND EXCHANGE public in accordance with the pursuant to Section 6(b)(5) and Section COMMISSION provisions of 5 U.S.C. 552, will be 19(b)10 thnsp; of the Act, to accelerate available for inspection and copying at approval of Interpretation .03 to CBOE [Release No. 34–48606; File No. SR–NASD– the Commission’s Public Reference Rule 6.25 on a pilot basis, prior to the 2003–134] Room. Copies of such filing will also be thirtieth day after the date of Self-Regulatory Organizations; Notice available for inspection and copying at publication of notice thereof in the of Filing of Proposed Rule Change and the principal office of the Exchange. All Federal Register. The Commission notes Amendment No. 1 Thereto by the submissions should refer to File No. that the provisions of the proposal are National Association of Securities SR–CBOE–2003–44 and should be substantially similar to CBOE’s SBT Dealers, Inc. To Amend Rule 4710 To submitted by November 6, 2003. obvious price error rule, CBOE Rule 43.5(b)(5), which the Commission has Allow Nasdaq National Market IV. Commission’s Findings and Order approved.11 The Commission also notes Execution System Order Entry Firms Granting Accelerated Approval on a that it has recently approved ‘‘obvious To Automatically Internalize in Pilot Basis error’’ rules for ISE and PCX that SuperMontage After careful review, the Commission provide procedures for the nullification October 8, 2003. 12 finds that proposed Interpretation .03 to or adjustment of a trade. Furthermore, Pursuant to Section 19(b)(1) of the CBOE Rule 6.25 is consistent with the the provisions of the proposed rule Securities Exchange Act of 1934 requirements of the Act and the rules change would be in effect on a (‘‘Act’’),1 and Rule 19b–4 thereunder,2 and regulations thereunder applicable to temporary basis until the earlier of notice is hereby given that on August a national securities exchange.7 In approval of File No. SR–CBOE–2001–04 22, 2003, the National Association of particular, the Commission finds that or December 1, 2003, whichever occurs Securities Dealers, Inc. (‘‘NASD’’), the proposed Interpretation is consistent earlier. Finally, the Commission notes through its subsidiary, The Nasdaq with the requirements of Section that the procedures to implement Stock Market, Inc. (‘‘Nasdaq’’), filed 6(b)(5) 8 of the Act, which requires, Interpretation .03 to CBOE Rule 6.25 with the Securities and Exchange among other things, that the rules of an were adopted on a pilot basis in Commission (‘‘Commission’’) the exchange be designed to promote just Securities Exchange Act Release No. proposed rule change as described in and equitable principals of trade, to 13 48556. The Commission finds, Items I, II and III below, which Items remove impediments to and perfect the therefore, that granting accelerated have been prepared by Nasdaq. On mechanism of a free and open market approval of the proposed rule change September 26, 2003, Nasdaq amended and a national market system, and in prior to the thirtieth day after the date the proposed rule change.3 The general, to protect investors and the of publication of notice thereof in the Commission is publishing this notice to public interest. Federal Register, is appropriate and solicit comments on the proposed rule The Commission considers that in consistent with Section 6(b)(5) 14 of the change, as amended, from interested most circumstances trades that are Act. executed between parties should be persons. V. Conclusion honored. On rare occasions, the price of I. Self-Regulatory Organization’s the executed trade is such that It is therefore ordered, pursuant to Statement of the Terms of Substance of execution of a trade at that particular Section 19(b)(2) of the Act,15 that the Proposed Rule Change price indicates that an ‘‘obvious error’’ Interpretation .03 to CBOE Rule 6.25, as Nasdaq proposes to amend Rule 4710 may exist, suggesting that it is set forth in the proposed rule change be unrealistic to expect that the parties to to allow the Nasdaq National Market Execution System (‘‘NNMS’’ or the trade had come to a meeting of the 9 15 U.S.C. 78f(b)(5). minds regarding the terms of the 10 15 U.S.C. 78s(b). ‘‘SuperMontage’’) to automatically transaction. In the Commission’s view, 11 See Securities Exchange Act Release No. 47628 16 the determination of whether such an (April 3, 2003), 68 FR 17697 (April 10, 2003) (File 17 CFR 200.30–3(a)(12). No. SR–CBOE–00–55). 1 15 U.S.C. 78s(b)(1). ‘‘obvious error’’ has occurred should be 12 See Securities Exchange Act Release No. 48538 2 17 CFR 240.19b–4. based on specific and objective criteria (September 25, 2003), 68 FR 56858 (October 2, 3 See letter from Thomas P. Moran, Associate 2003) (File No. SR–PCX–2002–01); and Securities General Counsel, Nasdaq, to Katherine A. England, 7 In approving this proposal, the Commission has Exchange Act Release No. 48097 (June 26, 2003), 68 Assistant Director, Division of Market Regulation considered the proposed rule’s impact on FR 39604 (July 2, 2003) (File No. SR–ISE–2003–10). (‘‘Division’’), Commission, dated September 25, efficiency, competition, and capital formation. 15 13 See supra note 3. 2003 (‘‘Amendment No. 1’’). In Amendment No. 1, U.S.C. 78c(f). 14 15 U.S.C. 78f(b)(5). Nasdaq expands upon the purpose of the proposed 8 15 U.S.C. 78f(b)(5). 15 15 U.S.C. 78s(b)(2). rule change.

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match any non-directed buy and sell Quoting Market Participant that entered internalization qualifier that prevents an quotes/orders entered by an NNMS the AIQ ‘‘I’’ flagged order, based automatic match. Nasdaq represents Order Entry Firm against the quotes/ exclusively on the execution algorithm that, in response to requests from NNMS orders of that same NNMS Order Entry selected when entering the AIQ I flagged Order Entry Firms, it seeks to give Firm on the other side of the market if quote/order. NNMS Order Entry Firms the same such a quote/order on the other side of [The I value described above shall be capability as all other NNMS users to the market is at the best bid/offer in available for the use of Nasdaq Quoting have their non-directed orders match off Nasdaq. Nasdaq expects to implement Market Participants on May 12, 2003.] against quote/orders previously entered the proposed rule change within 60 (b) No change. by them on the opposite side of the days after approval by the Commission. (2) through (8) No change. market if those previously entered The text of the proposed rule change is (c) through (e) No change. quotes/orders are at the best bid or offer set forth below. Proposed new language * * * * * price in Nasdaq, as appropriate. Like all is in italic; proposed deletions are in other system users, NNMS Order Entry [brackets]. II. Self-Regulatory Organization’s Statement of the Purpose of, and Firms would have the voluntary ability 4710. Participant Obligations in Statutory Basis for, the Proposed Rule to prohibit or control any automatic NNMS Change matching through the use of an anti- (a) No change. In its filing with the Commission, internalization qualifier. Nasdaq (b) Non-Directed Orders Nasdaq included statements concerning believes that providing NNMS Order (1) No change. the purpose of and basis for the Entry Firms with the opportunity to (A) No change. proposed rule change, as amended, and have their quotes/orders on opposite (B) No change. discussed any comments it received on sides of the market match off against (i) through (iii) No change. each other will provide an additional (iv) Exceptions—The following the proposed rule change. The text of incentive for such firms to post exceptions shall apply to the above these statements may be examined at the places specified in Item IV below. increased liquidity in the SuperMontage execution parameters: 5 (a) If a Nasdaq Quoting Market Nasdaq has prepared summaries, set system, thereby benefiting all users. forth in Sections A, B, and C below, of Participant or NNMS Order Entry Firm 2. Statutory Basis enters a Non-Directed Order into the the most significant aspects of such system, before sending such Non- statements. Nasdaq believes that the proposed Directed Order to the next Quoting A. Self-Regulatory Organization’s rule change, as amended, is consistent Market Participants in queue, the NNMS Statement of the Purpose of, and with the provisions of Section 15A of will first attempt to match off the order Statutory Basis for, the Proposed Rule the Act,6 in general, and with Section against the Nasdaq Quoting Market Change 15A(b)(6) of the Act,7 in particular, Participant’s or NNMS Order Entry because it is designed to prevent 1. Purpose Firm’s own Quote/Order if the fraudulent and manipulative acts and participant is at the best bid/best offer Currently, SuperMontage rules practices, to promote just and equitable in Nasdaq. [This exception shall not provide a general exception to the principles of trade, to foster cooperation apply to Non-Directed Orders entered system’s execution algorithms that and coordination with person engaged by NNMS Order Entry Firms.] Nasdaq allow non-directed orders entered by in regulating, clearing, settling, Quoting Market Participants and NNMS NNMS Market Makers and NNMS ECNs processing information with respect to, Order Entry Firms may [, and NNMS to first match off against any quotes/ and facilitating transactions in order previously entered by that same Order Entry Firms must,] avoid any securities, to remove impediments to attempted automatic system matching party on the opposite side of the market and perfect the mechanism of a free and permitted by this paragraph through the if that previously entered quote/order is open market and a national market use of an anti-internalization qualifier at the best bid/offer in Nasdaq.4 Market (AIQ) quote/order flag containing the participants can voluntarily avoid or system, and, in general, to protect following values: ‘‘Y’’ or ‘‘I’’, subject to control this automatic matching investors and the public interest. the following restrictions: functionality through use of anti- B. Self-Regulatory Organization’s Y—if the Y value is selected, the internalization qualifiers that will either Statement on Burden on Competition system will execute the flagged quote/ skip quotes/orders entered by them on order solely against attributable and the opposite side of the market or Nasdaq does not believe that the non-attributable quotes/orders execute against them based solely on the proposed rule change, as amended, will (displayed and reserve) of Quoting execution algorithm selected. result in any burden on competition that Market Participants and NNMS Order NNMS Order Entry Firms are is not necessary or appropriate in Entry Firms other than the party currently prohibited from using this furtherance of the purposes of the Act. entering the AIQ ‘‘Y’’ flagged quote/ automatic matching functionality and order. If the only available trading are instead required to enter all non- C. Self-Regulatory Organization’s interest is that of the same party that directed orders with an anti- Statement on Comments on the entered the AIQ ‘‘Y’’ flagged quote/ Proposed Rule Change Received From order, the system will not execute at an 4 Nasdaq clarified that the rules governing UTP Members, Participants or Others inferior price level, and will instead Exchanges do not explicitly permit this function, return the latest entered of those although NASD Rule 4710(e) contemplates that Written comments were neither such a function may be provided by Nasdaq to a solicited nor received. interacting quote/orders (or unexecuted UTP Exchange pursuant to contract. Consequently, portions thereof) to the entering party. at the request of Nasdaq, Commission staff has I—if the I value is selected, the system removed a reference to UTP Exchanges contained in the original filing. Telephone conversation 5 See Amendment No. 1, supra note 3. will execute against all available trading between Thomas P. Moran, Associate General interest, including the quote/orders of Counsel, Nasdaq, and Ann E. Leddy, Attorney, 6 15 U.S.C. 78o–3. the NNMS Order Entry Firm or Nasdaq Division, Commission (October 8, 2003). 7 15 U.S.C. 78o–3(b)(6).

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III. Date of Effectiveness of the SECURITIES AND EXCHANGE (1) the term ‘‘Imbalance’’ shall mean Proposed Rule Change and Timing for COMMISSION the number of buy or sell shares that Commission Action [can not] cannot be matched with other [Release No. 34–48603; File No. SR–PCX– shares at the Indicative Match Price at Within 35 days of the date of 2003–48] any given time. publication of this notice in the Federal Self-Regulatory Organizations; Notice (A) the term ‘‘Total Imbalance’’ shall Register or within such longer period (i) of Filing of Proposed Rule Change and mean the net Imbalance of buy (sell) as the Commission may designate up to Amendment No. 1 Thereto, by the orders at the Indicative Match Price for 90 days of such date if it finds such Pacific Exchange, Inc. Relating to the all orders that are eligible for execution longer period to be appropriate and Establishment of a New Total Order during the applicable auction. (B) the term ‘‘Market Imbalance’’ shall publishes its reasons for so finding or Imbalance Indicator (ii) as to which the self-regulatory mean the imbalance of any remaining organization consents, the Commission October 8, 2003. buy (sell) Market Orders that are not will: Pursuant to Section 19(b)(1) of the matched for execution during the applicable auction. A. By order approve such proposed Securities Exchange Act of 1934 1 2 (r)–(aaa)—No change. rule change, as amended, or (‘‘Act’’) and Rule 19b-4 thereunder, notice is hereby given that on * * * * * B. Institute proceedings to determine September 22, 2003, the Pacific Rule 7—Equities Trading whether the proposed rule change, as Exchange, Inc. (‘‘PCX’’) submitted to the amended, should be disapproved. Securities and Exchange Commission Opening Session Auctions IV. Solicitation of Comments (‘‘Commission’’) the proposed rule Rule 7.35 (No change). change as described in Items I, II, and (a)–(b)—(No change.) Interested persons are invited to III below, which Items have been (c) Market Order Auction. submit written data, views, and prepared by the PCX. On September 30, (1) Publication of Indicative Match arguments concerning the foregoing, 2003, the PCX submitted Amendment Price and Imbalances including whether the proposed rule No. 1 to the proposed rule change.3 The (A) Beginning at 5:00 am (Pacific change, as amended, is consistent with Commission is publishing this notice to Time), and updated real-time thereafter, the Act. Persons making written solicit comments on the proposed rule [various times thereafter as determined submissions should file six copies change, as amended, from interested from time to time by the Corporation,] the Indicative Match Price of the Market thereof with the Secretary, Securities persons. Order Auction and the volume of and Exchange Commission, 450 Fifth I. Self-Regulatory Organization’s Market and Limit orders available to Street NW., Washington, DC 20549– Statement of the Terms of Substance of trade at such price, and the Market and 0609. Copies of the submission, all the Proposed Rule Change Total Imbalance associated with the subsequent amendments, all written The PCX through its wholly owned Market Order Auction, if any, shall be statements with respect to the proposed subsidiary PCX Equities, Inc. (‘‘PCXE’’), published via electronic means [as rule change that are filed with the proposes to amend its rules governing determined from time to time by the Commission, and all written the Archipelago Exchange facility Corporation. If such a price does not communications relating to the (‘‘ArcaEx’’), the equities trading facility exist (i.e., there is an Imbalance of proposed rule change between the of PCXE, by: (1) amending PCXE Rule market orders), the Archipelago Commission and any person, other than 1.1(q) to add the definition of Total Exchange shall indicate via electronic those that may be withheld from the Imbalance and Market Imbalance; and means that an Indicative Match Price public in accordance with the (2) amending PCXE Rule 7.35 to add a does not exist]. Market orders shall be provisions of 5 U.S.C. 552, will be new Total Imbalance indicator to its included for purposes of calculating the available for inspection and copying in Market Order Auction and Trading Halt Total Imbalance and Market Imbalance. the Commission’s Public Reference Auction display. Limit orders shall only be included in Room. Copies of such filing will also be The text of the proposed rule change, the Total Imbalance calculations. available for inspection and copying at as amended, is below. Proposed Example 1: the principal office of the NASD. All additions are in italics. (1) Market order to buy 5000 shares; submissions should refer to File No. * * * * * (2) Auction-Only Limit Order to sell 1000 at 50; SR–NASD–2003–134 and should be PCX Equities, Inc. submitted by November 6, 2003. (3) Limit order to sell 1000 at 50.50; Rule 1—Definitions and For the Commission, by the Division of (4) Limit order to sell 500 at 50.75. Rule 1.1—(No change). Market Regulation, pursuant to delegated The Archipelago Exchange will 8 (a)–(p)—(No change). authority. publish an Indicative Match Price of (q) For the purposes of the Opening Margaret H. McFarland, 50.75, a volume of 2500 shares, a buy Auction, the Market Order Auction and Deputy Secretary. Market Imbalance of 2500 shares, and a the Trading Halt Auction, as the case Total Imbalance of 2500 shares. [FR Doc. 03–26099 Filed 10–15–03; 8:45 am] may be[,]: BILLING CODE 8010–01–P Example 2: 1 15 U.S.C. 78s(b)(1). (1) Market order to buy 3000 shares; 2 17 CFR 240.19b–4. (2) Market order to sell 1000 shares; 3 See letter from Peter D. Bloom, Managing (3) Limit order to sell 1000 shares at Director, Regulatory Policy, PCX, to Nancy J. 41.00; and Sanow, Assistant Director, Division of Market (4) Limit order to sell 1000 shares at Regulation, Commission, dated September 29, 2003 (‘‘Amendment No. 1’’). In Amendment No. 1, the 41.25. PCX submitted a new Form 19b–4, which replaced The Archipelago Exchange will 8 17 CFR 200.30–3(a)(12). the original filing in its entirety. publish an Indicative Match Price of

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41.25 and a match volume of 3000 Corporation]. If such a price does not proposing to amend PCXE Rule 7.35(c) shares and will not publish an exist [(i.e., there is an Imbalance of and (d) to clarify that the published Imbalance. market orders)], the Archipelago Total Imbalance or Market Imbalance (if (B) If an Indicative Match Price does Exchange shall indicate via electronic any exist) may contain market and/or not exist, the Archipelago Exchange means that an Indicative Match Price limit orders. shall indicate via electronic means that does not exist. Currently, PCXE Rule 1.1(q) refers to an Indicative Match Price does not exist. (B) Immediately after trading is halted the term ‘‘Imbalance.’’ The PCX [Beginning at 5:00 am (Pacific Time), in a security, and [various times proposes to amend PCXE Rule 1.1(q) to and various times thereafter as thereafter as determined from time to define the terms ‘‘Total Imbalance’’ and determined from time to time by the time by the Corporation] updated real- ‘‘Market Imbalance’’ for clarity. Total Corporation, the market order Imbalance time thereafter, the [m]Market [order] Imbalance shall mean the net imbalance associated with the Market Order and Total Imbalance associated with the of buy (sell) orders at the Indicative Auction, if any, shall be published via Trading Halt Auction, if any, shall be Match Price for all orders that are electronic means as determined from published via electronic means [as eligible for execution during the time to time by the Corporation.] determined from time to time by the applicable auction. The term ‘‘Market (C) If the difference between the Corporation]. Market orders shall be Imbalance’’ shall mean the imbalance of Indicative Match Price and the closing included for purposes of calculating the any remaining buy (sell) Market Orders price of the previous trading day’s Total Imbalance and Market Imbalance. that are not matched for execution normal market hours, as determined by Limit orders shall only be included in during the applicable auction. the Consolidated Tape, is equal to or the Total Imbalance calculations. The PCXE’s current rules governing greater than a pre-determined amount, (C)—(No change). the publication of imbalances associated as determined from time to time by the (3)–(6)—(No change). with its Market Order Auction and Corporation, the Archipelago Exchange (e)–(f)—(No change). Trading Halt Auction are set forth in will assign a ‘‘SIG’’ designator to such * * * * * PCXE Rule 7.35. The PCX now proposes Indicative Match Price and publish such to add to PCXE Rule 7.35(c) and (d) a designator via electronic means as II. Self-Regulatory Organization’s Total Imbalance indicator. The current determined from time to time by the Statement of the Purpose of, and rule only refers to publishing a Market Corporation. Statutory Basis for, the Proposed Rule Imbalance. In order to provide more Change [Example: information about the auction In its filing with the Commission, the imbalance during the Market Order (1) Market order to buy 5000 shares; Auction and Trading Halt Auction, the (2) Auction-Only Limit Order to sell PCX included statements concerning the PCX proposes to also publish the Total 1000 at 50; purpose of and basis for the proposed Imbalance, if any exists, to reflect the (3) Limit order to sell 1000 at 50.50; rule change and discussed any fact that the total size of the order and comments it had received on the imbalance includes both market and (4) Limit order to sell 500 at 50.75. proposed rule change. The text of these statements may be examined at the limit orders. The dissemination of this The Archipelago Exchange will new imbalance indicator does not publish an Indicative Match Price of places specified in Item IV below. The PCX has prepared summaries, set forth impact the operation of the existing 50.75, a volume of 2500 shares, and a Market Order Auction or Trading Halt buy Imbalance of 2500 shares.] in sections A, B, and C below, of the most significant aspects of such Auction processes as described in PCXE [Example: statements. Rule 7.35(c) and (d), respectively. (1) Market order to buy 3000 shares; The PCX believes that the (2) Market order to sell 1000; A. Self-Regulatory Organization’s dissemination of the aforementioned (3) Limit order to sell 1000 at 41.00; Statement of the Purpose of, and imbalance indicators would provide and Statutory Basis for, the Proposed Rule Users with additional information with (4) Limit order to sell 1000 at 41.25. Change which to make trading decisions during The Archipelago Exchange will 1. Purpose the auction process. Accordingly, this publish an Indicative Match Price of would facilitate enhanced order 41.25 and a volume of 3000 shares and As part of its continuing efforts to interaction and foster price competition. will not publish an Imbalance.] enhance participation on ArcaEx, the The PCX believes that the proposed rule (2)–(3)—(No change). PCX is proposing to add a new change, as amended, would provide a (d) Re-Opening After Trading Halts. imbalance indicator to its Market Order more efficient and effective market To re-open trading in a security Auction and Trading Halt Auction operation, and would enhance the following a trading halt in that security, display to reflect the total net imbalance information available to investors. the Archipelago Exchange shall conduct of market and limit orders at the a Trading Halt Auction, as described indicative match price. This imbalance 2. Statutory Basis below: indicator will be in addition to the The PCX believes that the proposed (1)—(No change). already existing market imbalance rule change, as amended, is consistent (2) Publication of Indicative Match indicator that displays the imbalance of with Section 6(b) 4 of the Act, in general, Price and Imbalances. unmatched market orders. The PCX and further the objectives of Section (A) Immediately after trading is halted believes that the display of the new total 6(b)(5),5 in particular, because it is in a security, and updated real-time imbalance indicator will provide ETP designed to promote just and equitable thereafter [various times thereafter as Holders and Sponsored Participants principles of trade, to foster cooperation determined from time to time by the (collectively ‘‘Users’’) with more and coordination with persons engaged Corporation], the Indicative Match Price information regarding auction in facilitating transactions in securities, of the Trading Halt Auction and the imbalances. Furthermore, the PCX and to remove impediments and perfect volume available to trade at such price, proposes to add the terms ‘‘Total shall be published via electronic means Imbalance’’ and ‘‘Market Imbalance’’ to 4 15 U.S.C. 78f(b). [as determined from time to time by the PCXE Rule 1.1(q). The PCX is also 5 15 U.S.C. 78f(b)(5).

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the mechanisms of a free and open provisions of 5 U.S.C. 552, will be accordance with the proposal, an ETP market and to protect investors and the available for inspection and copying in Holder may affirmatively choose, on an public interest. In addition, the PCX the Commission’s Public Reference order-by-order basis, to display orders believes that the proposed rule change, Room. with its unique ETP identifier as amended, is consistent with Copies of such filings will also be (hereinafter referred to as the ‘‘ETPID’’). provisions of Section 11A(a)(1)(B) of the available for inspection and copying at To facilitate the change, the PCX Act,6 which states that new data the principal office of the PCX. All proposes to amend PCXE Rules 7.7(b) processing and communications submissions should refer to File No. (‘‘Transmission of Bids or Offers’’) and techniques create an opportunity for SR–PCX–2003–48 and should be 7.36(b) (‘‘Order Ranking and Display’’) more efficient and effective market submitted by November 6, 2003. to clarify and reconcile when ETP operations. For the Commission, by the Division of Holders may display their identities. Market Regulation, pursuant to delegated The PCX also wishes to make additional B. Self-Regulatory Organization’s authority.7 changes to PCXE Rule 7.7(a). The text of Statement on Burden on Competition Margaret H. McFarland, the proposed rule change is below. The PCX does not believe that the Deputy Secretary. Proposed new language is italicized; proposed rule change, as amended, will [FR Doc. 03–26100 Filed 10–15–03; 8:45 am] deletions are in brackets. impose any burden on competition that BILLING CODE 8010–01–P * * * * * is not necessary or appropriate in Rule 7.7(a). [The names of ETP furtherance of the purposes of the Act. Holders bidding for or offering C. Self-Regulatory Organization’s SECURITIES AND EXCHANGE securities through the use of the Statement on Comments on the COMMISSION facilities of the Corporation shall not be Proposed Rule Change Received From [Release No. 34–48598; File No. SR–PCX– transmitted from the facilities of the Members, Participants, or Others 2003–46] Corporation to a non-holder of an ETP.] No ETP Holder having the right to trade The PCX neither solicited nor Self-Regulatory Organizations; Notice through the facilities of the Corporation received written comments concerning of Filing of Proposed Rule Change by and who has been a party to or has the proposed rule change. the Pacific Exchange, Inc. Relating to knowledge of an execution shall be III. Date of Effectiveness of the Transmission of Identity Orders under obligation to divulge the name of Proposed Rule Change and Timing for the buying or selling firm in any October 7, 2003. Commission Action transaction. Pursuant to Section 19(b)(1) of the (b) Except as otherwise permitted by Within 35 days of the date of Securities Exchange Act of 1934 these Rules, no ETP Holder shall publication of this notice in the Federal (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 transmit through the facilities of the Register or within such longer period (i) notice is hereby given that on Corporation any information regarding a as the Commission may designate up to September 5, 2003, the Pacific bid, offer, [or] other indication of an 90 days of such date if it finds such Exchange, Inc. (‘‘PCX’’) filed with the order, or the ETP Holder’s identity to a longer period to be appropriate and Securities and Exchange Commission non-holder of an ETP or to another ETP publishes its reasons for so finding, or the proposed rule change as described Holder until permission to disclose and (ii) as to which the PCX consents, the in Items I, II, and III below, which the transmit such bid, offer, [or] other Commission will: PCX has prepared. On September 30, indication of an order, or the ETP (A) by order approve such proposed 2003 the PCX submitted Amendment rule change, as amended; or No. 1 to the proposed rule change.3 The Holder’s identity has been [disclosed (B) institute proceedings to determine Commission is publishing this notice to and permission to transmit such whether the proposed rule change, as solicit comments on the proposed rule information has been] obtained from the amended, should be disapproved. change, as amended, from interested originating ETP Holder or the persons. originating ETP Holder affirmatively IV. Solicitation of Comments elects to disclose its identity. Interested persons are invited to I. Self-Regulatory Organization’s * * * * * submit written data, views, and Statement of the Terms of Substance of arguments concerning the foregoing, the Proposed Rule Change Order Ranking and Display including whether the proposed rule The PCX, through its wholly owned Rule 7.36—No change. change, as amended, is consistent with subsidiary PCX Equities, Inc. (‘‘PCXE’’), (a)(1)–(a)(2)—No change. the Act. Persons making written proposes to amend its rules governing (b) Display. Except as otherwise submissions should file six copies the Archipelago Exchange (‘‘ArcaEx’’), permitted by Rule 7.7, [A] all orders at thereof with the Secretary, Securities the equities trading facility of PCXE. all price levels in the Display Order and Exchange Commission, 450 Fifth Specifically, the PCX proposes to offer Process of the Arca Book shall be Street, NW, Washington, DC 20549– an identity order feature to its Equities displayed to all Users and other market 0609. Copies of the submission, all Trading Permit (‘‘ETP’’) Holders.4 In participants on an anonymous basis. subsequent amendments, all written (c)—No change. statements with respect to the proposed 7 17 CFR 200.30–3(a)(12). * * * * * rule change that are filed with the 1 15 U.S.C. 78s(b)(1). Commission, and all written 2 17 CFR 240.19b–4. II. Self-Regulatory Organization’s 3 See letter from Peter Bloom, Managing Director Statement of the Purpose of, and communications relating to the of Regulatory Policy, PCX, to Nancy Sanow, proposed rule change between the Statutory Basis for, the Proposed Rule Assistant Director, Division of Market Regulation, Change Commission and any person, other than Commission dated September 29, 2003 those that may be withheld from the (‘‘Amendment No. 1’’). In Amendment No. 1, the In its filing with the Commission, the PCX replaced its proposed rule change in its public in accordance with the entirety. PCX included statements concerning the 4 See PCXE Rule 1.1(n) for the definition of ‘‘ETP purpose of and basis for the proposed 6 15 U.S.C. 78k(a)(1)(B). Holder.’’ rule change, and discussed any

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comments it had received on the B. Order Interaction Market Maker orders would be proposed rule change. The text of these As with all orders entered on ArcaEx, processed and executed within ArcaEx. statements may be examined at the identity orders would be centrally Market Makers are obligated to enter places specified in Item IV below. The processed for execution by computer, and maintain continuous, two-sided PCX has prepared summaries, set forth subject to the price, time, and priority limit orders in the securities in which in Sections A, B, and C below, of the rules that govern the automated they are registered. There would be no most significant aspects of such matching and execution of orders. No limit, however, on the number of orders statements. ETP Holder has any special control over a Market Maker may enter into ArcaEx, the timing of an execution or any whether anonymous or identity orders. A. Self-Regulatory Organization’s A Market Maker would be able to Statement of the Purpose of, and special order handling advantages on ArcaEx. All Users would see and be maintain multiple proprietary orders, Statutory Basis for, the Proposed Rule including multiple Q Orders in the Change privy to the same orders ranked in the ArcaEx Book. No User would have securities in which were registered. 1. Purpose special access to trading interest that is Under the proposal, Market Makers would be permitted to use the identity A. Introduction not also available to others on ArcaEx, and all Users would have the equivalent order feature for any and all of the orders that they are eligible to use. As The PCX proposes to offer ETP opportunity to receive fills. with any identity order, a Market Holders the ability to display their An ETP Holder displaying an identity Maker’s ETPID would be displayed in identities with orders entered into the order would be subject to the same rules relation to a specified order. A Market ArcaEx. The identity order feature applicable to the ETP Holder’s orders Maker may choose to make the Q Order would offer an ETP Holder the choice to entered on ArcaEx on an anonymous basis.6 Use of the identity order by ETP or any other order an identity order.10 display its unique ETPID with a Whether utilizing anonymous orders specified order. Alternatively, an ETP Holders would not require registration as a Market Maker 7 on ArcaEx under or identity orders, Market Makers would Holder may choose to remain remain subject to the rules governing anonymous. PCXE rules. Market Maker status is available only to those ETP Holders who their conduct and the handling of Any identity orders entered into seek registration as Market Makers.8 orders. Specifically, PCXE Rule 7.26(a) ArcaEx would be included in the Arca Only those ETP Holders that seek states that a Market Maker must Book data feed that ArcaEx makes registration as a Market Makers are maintain an information barrier between 5 available free of charge to Users and required to maintain two-sided markets the market making activities and other other subscribers. Identity orders would in return for the benefits of Market business activities, including also be included in the ArcaEx limit Maker status, e.g., the ArcaEx rebates to conducting a public securities business order book that is displayed for free on Market Makers for the execution of ‘‘Q and acting as a General Authorized 11 the ArcaEx Web site. Orders’’ 9 and the ability to obtain Trader (‘‘GAT’’) on ArcaEx. This ArcaEx would process orders exempt credit under Regulation T. ETP separation between the Market Making designated as identity orders no Holders that elect to use the identity activities of an ETP Holder and the differently from other orders sent to order would have no commitment to handling of public orders is an ArcaEx. PCXE Rules 7.36 (Order ArcaEx to maintain two-sided identity important mechanism to separate the Ranking and Display) and 7.37 (Order orders on a continuous basis. Market Maker from knowledge of pending transactions, order flow Execution) set forth the order C. Market Makers interaction process for orders entered on information, and other sensitive 12 the ArcaEx. Orders designated as With respect to Market Makers, the information at other parts of the firm. identity orders would be ranked, PCX’s proposal would not alter the As long as the Market Maker has an displayed, and executed under the same responsibilities of Market Makers, nor effective system of internal controls that criteria (under PCXE Rules 7.36 and does it change the manner in which operate to prevent the Market Making 7.37) as anonymous orders in the desk from obtaining knowledge of 6 ArcaEx. ArcaEx has no capacity For example, ETP Holders would remain customers’ limit orders that are received prohibited from trading ahead of customer limit for execution by other business units of limitations on the number of identity orders pursuant to PCXE Rule 6.16(a), which orders that could be displayed for an provides that ‘‘[n]o ETP Holder may accept and the broker-dealer, the Market Maker individual security. hold an unexecuted limit order from its customer does not have responsibilities to protect (whether its own customer or a customer of another customer limit orders received by other The purpose of the identity order ETP Holder) and continue to trade on the parts of the firm.13 feature is to provide more visibility to Corporation the subject security for its own account at prices that would satisfy the customer’s limit those ETP Holders who may choose to order, without executing that limit order; provided, 10 As stated above, ArcaEx has no capacity identify their ETPIDs with their trading however, that an ETP Holder may negotiate specific limitations on the number of identity orders that interest in a particular security. The terms and conditions applicable to the acceptance can be displayed for an individual security. PCX believes that the identity order of limit orders. * * *’’ 11 Rule 1.1(o) defines a General Authorized 7 Trader ‘‘GAT’’ to mean ‘‘an authorized trader who feature would benefit investors by See PCXE Rule 1.1(u) states that ‘‘[t]he term ‘‘Market Maker’’ shall refer to an ETP Holder that performs only non-market making activities on increasing market transparency in an acts as a Market Maker pursuant to Rule 7.’’ behalf of an ETP Holder.’’ automatic execution venue such as 8 PCXE Rule 7.20(a) states that ‘‘[n]o ETP Holder 12 See PCXE Rule 7.26(b). ArcaEx. By providing a mechanism by shall act as a Market Maker in any security unless 13 For example, where an ETP Holder has an which ETP Holders could display their such ETP Holder is registered as a Market Maker in agency desk and a Market Maker desk, both desks such security by the Corporation pursuant to this will be permitted to use identity orders. Should an identities, ArcaEx hopes to attract more Rule. * * *’’ PCXE Rule 7.23 and Rule 7.34(b) set agency desk utilize identity orders to represent orders and contribute more liquidity to forth the obligations of market makers and apply customer orders, Market Makers from the same firm the market while adding to the only to those ETP Holders who are registered as would not have responsibilities to protect the transparency of trading interest. Market Makers. For example, a Market Maker must customer orders, assuming an appropriate maintain a two-sided order or ‘‘Q Order’’ in every information barrier is in place. Once the agency stock in which the Market Maker is registered. desk displays an identity order in the ArcaEx limit 5 See PCXE Rule 1.1(yy) for the definition of 9 See PCXE Rule 7.31(k) for the definition of ‘‘Q order book, the price time rules in the automated ‘‘User.’’ Order.’’ execution system of the ArcaEx ensure that the

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D. Section 11(a) Under the Act markets or do not reflect any time and report that trade to a marketplace that The PCX believes that the use of place trading advantages. The PCX allows broker-dealers to ‘‘print’’ trades identity orders on ArcaEx would not believes that the use of identity orders to the tape. Specifically, broker-dealers confer ETP Holders any time and place on ArcaEx would not alter Rule 11a2– in the Nasdaq dealer market are 19 advantages over other orders on ArcaEx. 2(T), commonly referred to as the permitted to define parameters of a 20 As such, the introduction of identity ‘‘effect versus execute’’ rule, which trade (i.e., price) without bringing the orders would not change the analysis of provides an exemption that applies to trade to an exchange system for Section 11(a) of the Act 14 to the PCX the PCX. The effect versus execute rule validation. By design, the Nasdaq dealer provided to the Commission prior to the imposes four requirements ‘‘designed to market enables broker-dealers to control approval of ArcaEx.15 Accordingly, the put members and non-members on the trade execution outside of a centralized introduction of the identity order would same footing, to the extent practicable, price validation system. The regulation not change the PCX’s conclusion that in light of the purposes of Section of these trades is the responsibility of 21 the order execution algorithm of ArcaEx 11(a).’’ Given ArcaEx’s automated the marketplace that supports and complies with the requirements of, and matching and execution services, no encourages the execution of these trades satisfies the policy concerns underlying, ETP Holder enjoys any special control away from an exchange infrastructure. Section 11(a) of the Act 16 without over the timing of execution or special Any executions by a broker-dealer requiring public customer priority. order handling advantages, as all orders brought to a marketplace that permits Section 11(a) of the Act 17 prohibits a would be centrally processed for ‘‘printing’’ are trades appropriately member of a national securities execution by computer, rather than within the jurisdiction of the alternate exchange from effecting transactions on being handled by a member through marketplace.23 Should Nasdaq (or other the exchange for its own account, the bids or offers made on the trading floor. marketplace) determine that it requires account of an associated person, or an Because ArcaEx’s open, electronic information or assistance from the PCX account in which it or an associated structure is designed to prevent any ETP for the surveillance of these trades, the person exercises investment discretion Holders from gaining any time and PCX would provide such information (collectively, ‘‘covered accounts’’), place advantages, the PCX believes that and assistance. unless an exception applies. In enacting ArcaEx satisfies the four requirements of To facilitate the identity order feature, this provision, Congress was concerned the ‘‘effect versus execute’’ rule as well the Exchange proposes to make changes about members benefiting in their as the general policy objectives of 22 to PCXE Rules 7.7(b) and 7.36(b). principal transactions from special Section 11(a) of the Act. Currently, PCXE Rule 7.7(b) prohibits an ‘‘time and place’’ advantages associated E. Surveillance ETP Holder from transmitting with floor trading—such as the ability to information ‘‘regarding a bid, offer or ‘‘execute decisions faster than public According to the PCX, PCXE has developed procedures to maintain a other indication of an order’’ to a non- investors.’’ 18 The Commission, ETP Holder until the bid, offer or other however, has adopted a number of high level of surveillance of ETP Holders and their use of specific order indication information has been exceptions to the general statutory disclosed and permission to transmit prohibition for situations in which the types, including those orders designated as identity orders, for executions that the information has been obtained from principal transactions contribute to the the originating ETP Holder. Conversely, fairness and orderliness of exchange take place on ArcaEx. Among its procedures, the PCX has developed PCXE Rule 7.36(b) provides for anonymity in displaying orders in the customer order will be executed in a fair and mechanisms to help detect manipulation of prices on ArcaEx Display Order Process 24 of the ArcaEx consistent manner. A Market Maker from that same 25 firm is subject to the same rules, and importantly, whether or not through use of identity Book. has no special advantage over the execution of other orders. The Exchange wishes to revise PCXE orders in the book, including the customer order Use of identity orders would help an Rule 7.36(b) to state that except as represented by the agency desk. The price time priority granted to orders in the ArcaEx book dictate ETP Holder to advertise the trading provided by PCXE Rule 7.7(b), all orders that orders with the best price are executed first, interest and activity the firm has in a at all price levels will continue to be and, where there is more than one order at the best particular stock. Should an ETP Holder displayed on an anonymous basis. price, the order first in time receives an execution. attract order flow and wish to match Therefore, a User could choose to either With these rules, a Market Maker’s order at a price equal to the price of other orders in the ArcaEx buy and sell orders for execution away display its ETPID or remain anonymous. book, would receive an execution over these orders from the centralized limit order book of only if the Market Maker’s order was entered first. ArcaEx, an ETP Holder would have to 23 The ability of broker-dealers to advertise A Market Maker’s order entered after other orders trading interest is not limited to the use of exchange in the book can receive an execution over other 19 17 CFR 240.11a2–2(T). trading systems. Broker-dealers can display orders in the book only if the Market Maker order indications of interest through services such as is at a better price (by a minimum of one penny) 20 Rule 11a2–2(T) permits an exchange member, subject to certain conditions, to effect transactions Autex (offered by Thompson Financial). Autex than the orders displayed. These rules for the permits broker-dealers to display the price and size ranking, display and interaction of orders apply for covered accounts by arranging for an unaffiliated member to execute the transactions of indications of interest and communicate with equally to all orders entered by all Users of the other subscribers interested in facilitating trades. ArcaEx. directly on the exchange floor. To comply with the rule’s conditions, a member (1) must transmit the While not a trading system, Autex allows broker- 14 15 U.S.C. 78k. order from off the exchange floor; (2) may not dealers to advertise their trading activity and attract 15 See Letter, dated April 19, 2001 from Cherie participate in the execution of the transaction once trading interest. Broker-dealers finding MacCauley, Counsel to PCX, Wilmer Cutler & it has been transmitted to the member performing counterparties through this service must bring such Pickering to John Polise, Division of Market the execution; (3) may not be affiliated with the trades to Nasdaq’s dealer market which permits the Regulation. executing member; and (4) with respect to an printing of trades. Whether the prices of these 16 15 U.S.C. 78k(a). account over which the member or an associated transactions are executed within the standards of 17 15 U.S.C. 78k(a). person has investment discretion, neither the best execution or other standards of appropriate 18 See Securities Exchange Act Release No. 14563 member nor the associated person may retain any order handling is the business of the regulator for (March 14, 1978), 43 FR 11542 (March 17, 1978); compensation in connection with effecting the the marketplace supporting the ‘‘printing’’ Securities Exchange Act Release No. 14713 (April transaction without express written consent from infrastructure. 28, 1978), 43 FR 18557 (May 1, 1978); Securities the person authorized to transact business for the 24 See PCXE Rule 7.36(a)–(c) for a discussion of Exchange Act Release No. 15533 (January 29, 1979), account in accordance with the rule. the Display Order Process. 44 FR 6093 (Jan. 31, 1979). The 1978 and 1979 21 See 1978 Release II at 18560. 25 See PCXE Rule 1.1(a) for a definition of Arca Releases cite the House Report at 54–57. 22 15 U.S.C. 78k(a). Book.

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Additionally, the Exchange proposes Persons making written submissions I. Self-Regulatory Organization’s to revise PCXE Rule 7.7(a) 26 to reflect should file six copies thereof with the Statement of the Terms of Substance of the proposed changes to PCXE Rules Secretary, Securities and Exchange the Proposed Rule Change 7.7(b) and 7.36(b). Commission, 450 Fifth Street, NW., The Phlx proposes to amend Phlx 2. Statutory Basis Washington, DC 20549–0609. Copies of Rule 849, Audit Committee/Conflicts of the submission, all subsequent Interest, and Phlx Rule 811, Delisting The Exchange believes that the amendments, all written statements Policies and Procedures. The majority of proposal is consistent with Section 6(b) with respect to the proposed rule the proposed rule changes are intended of the Act,27 in general, and Section change that are filed with the to comply with the requirements of new 6(b)(5) of the Act,28 in particular, in that Commission, and all written Commission Rule 10A–3 under the it will promote just and equitable communications relating to the Act.3 Specifically, the new listing principles of trade; facilitate standards proposed to be adopted by the transactions in securities, remove proposed rule change between the Exchange pursuant to Commission Rule impediments to and perfect the Commission and any person, other than 10A–3 would require that: mechanisms of a free and open market those that may be withheld from the (1) Each member of the audit and a national market system; and public in accordance with the committee of the issuer must be protect investors and the public interest. provisions of 5 U.S.C. 552, will be available for inspection and copying in independent according to specified B. Self-Regulatory Organization’s the Commission’s Public Reference criteria (proposed Phlx Rule 849(b)(1));4 Statement on Burden on Competition Room. Copies of such filing will also be (2) The audit committee of each issuer The Exchange does not believe that available for inspection and copying at must be directly responsible for the the proposed rule change will impose the principal office of the PCX. All appointment, compensation, retention any burden on competition that is not submissions should refer to file number and oversight of the work of any registered public accounting firm necessary or appropriate in furtherance SR–PCX–2003–46 and should be engaged for the purpose of preparing or of the purposes of the Act. submitted by November 6, 2003. issuing an audit report or performing C. Self-Regulatory Organization’s For the Commission, by the Division of other audit, review or attest services for Statement on Comments on the Market Regulation, pursuant to delegated the issuer, and each such registered Proposed Rule Change Received From authority.29 public accounting firm must report Members, Participants or Others Margaret H. McFarland, directly to the audit committee Written comments on the proposed Deputy Secretary. (proposed Phlx Rule 849(b)(2)); rule change were neither solicited nor [FR Doc. 03–26102 Filed 10–15–03; 8:45 am] (3) Each audit committee must establish procedures for the receipt, received. BILLING CODE 8010–01–P retention and treatment of complaints III. Date of Effectiveness of the regarding accounting, internal Proposed Rule Change and Timing for accounting controls or auditing matters, Commission Action SECURITIES AND EXCHANGE COMMISSION including procedures for the Within 35 days of the date of confidential, anonymous submission by publication of this notice in the Federal employees of the issuer of concerns Register or within such longer period (i) [Release No. 34–48601; File No. SR–Phlx– regarding questionable accounting or as the Commission may designate up to 2003–51] auditing matters (proposed Phlx Rule 90 days of such date if it finds such 849(b)(3)); Self-Regulatory Organizations; Notice longer period to be appropriate and (4) Each audit committee must have of Filing of Proposed Rule Change by publishes its reasons for so finding or the authority to engage independent the Philadelphia Stock Exchange, Inc. (ii) as to which the Exchange consents, counsel and other advisors, as it the Commission will: Relating to Listing Standards determines necessary to carry out its A. by order approve such proposed Regarding Issuers’ Audit Committees duties (proposed Phlx Rule 849(b)(4)); rule change, or and Delisting Procedures and B. institute proceedings to determine (5) Each issuer must provide October 8, 2003. whether the proposed rule change appropriate funding for the audit should be disapproved. Pursuant to Section 19(b)(1) of the committee (proposed Phlx Rule Securities Exchange Act of 1934 849(b)(5)). IV. Solicitation of Comments (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Additional changes relating to audit Interested persons are invited to notice is hereby given that on July 14, committee charters, audit committee submit written data, views and 2003, the Philadelphia Stock Exchange, arguments concerning the foregoing, Inc. (‘‘Phlx’’ or ‘‘Exchange’’) filed with 3 17 CFR 240.10A–3. including whether the proposed rule the Securities and Exchange 4 Currently, Phlx Rule 849 requires listed change is consistent with the Act. companies to maintain audit committees, a majority Commission (‘‘Commission’’) the of the members of which are ‘‘independent proposed rule change as described in directors’’ as defined in Phlx Rule 851. This current 26 PCXE Rule 7.7(a) provides that ‘‘[t]he names of Items I, II, and III, below, which Items requirement would remain in effect pending the ETP Holders bidding for or offering securities implementation of the higher standards proposed in through the use of the facilities of the Corporation have been prepared by the Phlx. The this rule change. (Phlx Rule 851 requires listed shall not be transmitted from the facilities of the Commission is publishing this notice to issuers to maintain a minimum of two independent Corporation to a non-holder of an ETP. No ETP solicit comments on the proposed rule directors on their boards. It also defines Holder having the right to trade through the change from interested persons. ‘‘independent director’’ as a person other than an facilities of the Corporation and who has been a officer or employee of the company or its party to or has knowledge of an execution shall be subsidiaries or any other individual having a under obligation to divulge the name of the buying relationship which, in the opinion of the board of 29 17 CFR 200.30–3(a)(12). or selling firm in any transaction.’’ directors, would interfere with the exercise of 27 15 U.S.C. 78f(b). 1 15 U.S.C. 78s(b)(1). independent judgment in carrying out the 28 15 U.S.C. 78f(b)(5). 2 17 CFR 240.19b–4. responsibilities of a director.)

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composition requirements, audit have, and certify that it has and will the above-referenced board of directors’ committee approval of related party continue to have, an audit committee, determination after three years transactions, and revisions to the as defined in Section 3(a)(58) of the following the termination of, as Exchange’s delisting rule are also Securities Exchange Act of 1934, of at applicable, either (a) the relationship proposed.5 least three members each of whom meet between the organization with which the Below is the text of the proposed rule the following criteria. director is affiliated and the company, change. Proposed new language is (1) Independence. (b) the relationship between the director italicized; deletions are in brackets. (i) Each member of the audit and his or her partnership status, committee must be a member of the shareholder interest or executive officer Rule 849. Audit Committee/Conflicts of board of directors of the listed issuer, Interest position, or (c) the direct business and must otherwise be independent; relationship between the director and Rule 849 provided that, where a listed issuer is the company. (a) A listed company shall establish one of two dual holding companies, (C) Cross Compensation Committee and maintain an audit committee, a those companies may designate one Link. A director who is employed as an majority of the members of which shall audit committee for both companies so executive of another corporation where be independent directors, as defined in long as each member of the audit any of the company’s executives serves Rule 851. [The audit committee shall committee is a member of the board of on that corporation’s compensation conduct an appropriate review of all directors of at least one of such dual committee may not serve on the audit related party transactions on an ongoing holding companies. The following committee. basis in order to review for potential restrictions apply to every audit (D) Immediate Family. A director who conflict of interest situations]. The committee member: is an Immediate Family member of an requirements set forth in this Rule (A) Employees. A director who is an individual who is an executive officer of 849(a) shall continue to apply pending employee (including non-employee the company or any of its affiliates the implementation of the new executive officers) of the company or cannot serve on the audit committee requirements set forth in 849(b)–(j) and any of its affiliates may not serve on the until three years following the Commentary Sections (1)–(4). Listed audit committee until three years termination of such employment issuers must be in compliance with such following the termination of his or her relationship. ‘‘Immediate Family’’ new requirements, subject to any employment. In the event the includes a person’s spouse, parents, applicable exemptions set forth therein, employment relationship is with a children, siblings, mothers-in-law and by the following dates: (A) July 31, 2005 former parent or predecessor of the fathers-in-law, sons and daughters-in- for foreign private issuers and small company, the director could serve on law, and anyone (other than employees) business issuers as defined in the audit committee after three years who shares such person’s home. Commission Rule 12b–2 under the following the termination of the (ii) Independence requirements for Securities Exchange Act of 1934 (the relationship between the company and non-investment company issuers. In ‘‘Act’’); and (B) for all other listed the former parent or predecessor. order to be considered to be issuers, the earlier of the listed issuer’s ‘‘Affiliate’’ for purposes of this independent for purposes of this first annual shareholders meeting after subsection (A) includes a subsidiary, paragraph (b)(1), a member of an audit January 15, 2004, or October 31, 2004. sibling company, predecessor, parent committee of a listed issuer that is not (b) Listing Standards Relating to company, or former parent company. an investment company may not, other Audit Committees. Each issuer of (B) Business Relationship. A director than in his or her capacity as a member securities listed on the Exchange must (a) who is a partner, controlling of the audit committee, the board of shareholder, or executive officer of an directors, or any other board committee: 5 The Exchange intends to file additional organization that has a business (A) Accept directly or indirectly any proposed rule changes relating to other corporate relationship with the company, or (b) consulting, advisory, or other governance listing standards, including board who has a direct business relationship compensatory fee from the issuer or any independence and independent committees, with the company (e.g., as a consultant), issuers’ codes of conduct, and announcement of subsidiary thereof, provided that going concern qualification in the near future. The may serve on the audit committee only compensatory fees do not include the New York Stock Exchange (‘‘NYSE’’) and the if the issuer’s board of directors receipt of fixed amounts of National Association of Securities Dealers determines in its business judgment that compensation under a retirement plan (‘‘NASD’’) have proposed a number of rule changes the relationship does not interfere with in these areas. See, e.g., Securities Exchange Act (including deferred compensation) for Release Nos. 47516 (March 17, 2003), 68 FR 14451 the director’s exercise of independent prior service with the listed issuer (March 25, 2003) (SR–NASD–2002–141, a proposed judgment. In making a determination (provided that such compensation is not rule change relating to board independence and regarding the independence of a contingent in any way on continued independent committees); 48123 (July 2, 2003), 68 director pursuant to this paragraph, the FR 41191 (July 10, 2003) (SR–NASD–2002–77, service); or disclosure of audit opinions with going concern board of directors should consider, (B) Be an affiliated person of the qualifications); 48125 (July 2, 2003), 68 FR 41194 among other things, the materiality of issuer or any subsidiary thereof. (July 10, 2003) (SR–NASD–2002–139 and the relationship to the issuer, to the (iii) Independence requirements for Amendment No. 1 thereto, requiring listed director, and, if applicable, to the investment company issuers. In order to companies to adopt a code of conduct for all directors, officers, and employees); and 47672 organization with which the director is be considered to be independent for (April 11, 2003), 68 FR 19051 (April 17, 2003) (SR– affiliated. purposes of this paragraph (b)(1), a NYSE–2002–33 and Amendment No. 1 thereto, ‘‘Business relationships’’ can include member of an audit committee of a proposing corporate governance rule changes). The commercial, industrial, banking, listed issuer that is an investment Commission has recently approved NYSE and Nasdaq proposals relating to shareholder approval consulting, legal, accounting and other company may not, other than in his or of equity compensation plans. See Securities relationships. A director can have this her capacity as a member of the audit Exchange Act Release No. 48108 (June 30, 2003), 68 relationship directly with the company, committee, the board of directors, or FR 39995 (July 3, 2003) (approving SR–NYSE– or the director can be a partner, officer any other board committee: 2002–46 and SR–NASD–2002–140). The Exchange filed a proposed rule change relating to equity or employee of an organization that has (A) Accept directly or indirectly any compensation on September 30, 2003 (File No. SR– such a relationship. The director may consulting, advisory, or other Phlx–2003–67). serve on the audit committee without compensatory fee from the issuer or any

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subsidiary thereof, provided that (1) The member is an affiliate of the determines necessary to carry out its compensatory fees do not include the foreign private issuer or a representative duties. receipt of fixed amounts of of such an affiliate; (5) Funding. Each listed issuer must compensation under a retirement plan (2) The member has only observer provide for appropriate funding, as (including deferred compensation) for status on, and is not a voting member determined by the audit committee, in prior service with the listed issuer or the chair of, the audit committee; and its capacity as a committee of the board (provided that such compensation is not (3) Neither the member nor the of directors, for payment of: contingent in any way on continued affiliate is an executive officer of the (i) Compensation to any registered service); or foreign private issuer. public accounting firm engaged for the (B) Be an ‘‘interested person’’ of the (E) An audit committee member of a purpose of preparing or issuing an audit issuer as defined in section 2(a)(19) of foreign private issuer may be exempt report or performing other audit, review the Investment Company Act of 1940. from the requirements of paragraph or attest services for the listed issuer; (iv) Exemptions from the (b)(1)(ii)(B) of this section if that (ii) Compensation to any advisers independence requirements. member meets the following employed by the audit committee under (A) For an issuer listing securities requirements: paragraph (b)(4) of this section; and pursuant to a registration statement (1) The member is a representative or (iii) Ordinary administrative expenses under section 12 of the Act, or for an designee of a foreign government or of the audit committee that are issuer that has a registration statement foreign governmental entity that is an necessary or appropriate in carrying out under the Securities Act of 1933 affiliate of the foreign private issuer; its duties. covering an initial public offering of and (c) General exemptions. securities to be listed by the issuer, (2) The member is not an executive (1) At any time when an issuer has a where in each case the listed issuer was officer of the foreign private issuer. class of common equity or similar not, immediately prior to the effective (F) In addition to paragraphs securities that is listed on a national date of such registration statement, (b)(1)(iv)(A) through (E) of this section, securities exchange or national required to file reports with the if the Commission exempts from the securities association subject to the Commission pursuant to section 13(a) or requirements of paragraphs (b)(1)(ii) or requirements of listing standards which 15(d) of the Act; (b)(1)(iii) of Commission Rule 10A–3 comply with the requirements of (1) [Reserved]; and under the Act a particular relationship Commission Rule 10A–3 under the Act, (2) A minority of the members of the with respect to audit committee the listing of other classes of securities listed issuer’s audit committee may be members, as the Commission on the Exchange is not subject to the exempt from the independence determines appropriate in light of the requirements of this section. requirements of paragraph (b)(1)(ii) of circumstances, such relationship shall (2) At any time when an issuer has a this section for one year from the date also be exempt from the requirements of class of common equity securities (or of effectiveness of such registration paragraphs (b)(1)(ii) or (b)(1)(iii) of this similar securities) that is listed on a statement. Rule 849. national securities exchange or national (B) An audit committee member that (2) Responsibilities relating to securities association subject to the sits on the board of directors of a listed registered public accounting firms. The requirements of listing standards which issuer and an affiliate of the listed issuer audit committee of each listed issuer, in comply with the requirements of is exempt from the requirements of its capacity as a committee of the board Commission Rule 10A–3 under the Act, paragraph (b)(1)(ii)(B) of this section if of directors, must be directly responsible the listing on the Exchange of classes of the member, except for being a director for the appointment, compensation, securities of a direct or indirect on each such board of directors, retention and oversight of the work of consolidated subsidiary or an at least otherwise meets the independence any registered public accounting firm 50% beneficially owned subsidiary of requirements of paragraph (b)(1)(ii) of engaged (including resolution of the issuer (except classes of equity this section for each such entity, disagreements between management securities, other than non-convertible, including the receipt of only ordinary- and the auditor regarding financial non-participating preferred securities, of course compensation for serving as a reporting) for the purpose of preparing such subsidiary) is not subject to the member of the board of directors, audit or issuing an audit report or performing requirements of this section. committee or any other board other audit, review or attest services for (3) The listing of securities of a foreign committee of each such entity. the listed issuer, and each such private issuer is not subject to the (C) An employee of a foreign private registered public accounting firm must requirements of paragraphs (b)(1) issuer who is not an executive officer of report directly to the audit committee. through (b)(5) of this section if the the foreign private issuer is exempt from (3) Complaints. Each audit committee foreign private issuer meets the the requirements of paragraph (b)(1)(ii) must establish procedures for: following requirements: of this section if the employee is elected (i) The receipt, retention, and (i) The foreign private issuer has a or named to the board of directors or treatment of complaints received by the board of auditors (or similar body), or audit committee of the foreign private listed issuer regarding accounting, has statutory auditors, established and issuer pursuant to the issuer’s governing internal accounting controls, or auditing selected pursuant to home country legal law or documents, an employee matters; and or listing provisions expressly requiring collective bargaining or similar (ii) The confidential, anonymous or permitting such a board or similar agreement or other home country legal submission by employees of the listed body; or listing requirements. issuer of concerns regarding (ii) The board or body, or statutory (D) An audit committee member of a questionable accounting or auditing auditors is required under home country foreign private issuer may be exempt matters. legal or listing requirements to be either: from the requirements of paragraph (4) Authority to engage advisers. Each (A) Separate from the board of (b)(1)(ii)(B) of this section if that audit committee must have the directors; or member meets the following authority to engage independent (B) Composed of one or more requirements: counsel and other advisers, as it members of the board of directors and

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one or more members that are not also not have a board of directors or persons serving as a member of the board of members of the board of directors; acting in a similar capacity; and directors, audit committee or any other (iii) The board or body, or statutory (ii) The activities of the listed issuer board committee of the dual holding auditors, are not elected by that is described in paragraph (c)(7)(i) of companies or any entity that is jointly management of such issuer and no this section are limited to passively controlled, directly or indirectly, by the executive officer of the foreign private owning or holding (as well as dual holding companies). issuer is a member of such board or administering and distributing amounts (2) In the case of foreign private body, or statutory auditors; in respect of) securities, rights, collateral issuers with a two-tier board system, the (iv) Home country legal or listing or other assets on behalf of or for the term board of directors means the provisions set forth or provide for benefit of the holders of the listed supervisory or non-management board. standards for the independence of such securities. (3) In the case of a listed issuer that board or body, or statutory auditors, (d) [Reserved] is a limited partnership or limited from the foreign private issuer or the (e) Definitions. Unless the context liability company where such entity management of such issuer; otherwise requires, all terms used in this does not have a board of directors or (v) Such board or body, or statutory section have the same meaning as in the equivalent body, the term board of auditors, in accordance with any Act. In addition, unless the context directors means the board of directors of applicable home country legal or listing otherwise requires, the following the managing general partner, managing requirements or the issuer’s governing definitions apply for purposes of this member or equivalent body. documents, are responsible, to the section: (4) The term control (including the extent permitted by law, for the (1)(i) The term affiliate of, or a person terms controlling, controlled by and appointment, retention and oversight of affiliated with, a specified person, under common control with) means the the work of any registered public means a person that directly, or possession, direct or indirect, of the accounting firm engaged (including, to indirectly through one or more power to direct or cause the direction of the extent permitted by law, the intermediaries, controls, or is controlled the management and policies of a resolution of disagreements between by, or is under common control with, person, whether through the ownership management and the auditor regarding the person specified. of voting securities, by contract, or financial reporting) for the purpose of (ii)(A) A person will be deemed not to otherwise. preparing or issuing an audit report or be in control of a specified person for (5) The term dual holding companies performing other audit, review or attest purposes of this section if the person: means two foreign private issuers that: services for the issuer; and (1) Is not the beneficial owner, directly (i) Are organized in different national jurisdictions; (vi) The audit committee requirements or indirectly, of more than 10% of any (ii) Collectively own and supervise the of paragraphs (b)(3), (b)(4) and (b)(5) of class of voting equity securities of the management of one or more businesses this section apply to such board or specified person; and (2) Is not an executive officer of the which are conducted as a single body, or statutory auditors, to the extent specified person. economic enterprise; and permitted by law. (B) Paragraph (e)(1)(ii)(A) of this (iii) Do not conduct any business (4) The listing of a security futures section only creates a safe harbor other than collectively owning and product cleared by a clearing agency position that a person does not control supervising such businesses and that is registered pursuant to Section a specified person. The existence of the activities reasonably incidental thereto. 17A of the Act or that is exempt from safe harbor does not create a (6) The term executive officer has the the registration requirements of Section presumption in any way that a person meaning set forth in Commission Rule 17A pursuant to paragraph (b)(7)(A) of exceeding the ownership requirement in 3b–7. such section is not subject to the paragraph (e)(1)(ii)(A)(1) of this section (7) The term foreign private issuer has requirements of this section. controls or is otherwise an affiliate of a the meaning set forth in Commission (5) The listing of a standardized specified person. Rule 3b–4(c). option, as defined in Commission Rule (iii) The following will be deemed to (8) The term indirect acceptance by a 9b–1(a)(4) under the Act, issued by a be affiliates: member of an audit committee of any clearing agency that is registered (A) An executive officer of an affiliate; consulting, advisory or other pursuant to Section 17A of the Act is (B) A director who also is an compensatory fee includes acceptance not subject to the requirements of this employee of an affiliate; of such a fee by a spouse, a minor child section. (C) A general partner of an affiliate; or stepchild or a child or stepchild (6) The listing of securities of the and sharing a home with the member or by following listed issuers are not subject to (D) A managing member of an an entity in which such member is a the requirements of this section: affiliate. partner, member, an officer such as a (i) Asset-Backed Issuers (as defined in (iv) For purposes of paragraph (e)(1)(i) managing director occupying a Commission Rules 13a–14(g) and 15d– of this section, dual holding companies comparable position or executive 14(g) under the Act); will not be deemed to be affiliates of or officer, or occupies a similar position (ii) Unit investment trusts (as defined persons affiliated with each other by (except limited partners, non-managing in 15 U.S.C. 80a–4(2)); and virtue of their dual holding company members and those occupying similar (iii) Foreign governments (as defined arrangements with each other, including positions who, in each case, have no in Commission Rule 3b–4(a) under the where directors of one dual holding active role in providing services to the Act). company are also directors of the other entity) and which provides accounting, (7) The listing of securities of a listed dual holding company, or where consulting, legal, investment banking or issuer is not subject to the requirements directors of one or both dual holding financial advisory services to the issuer of this section if: companies are also directors of the or any subsidiary of the issuer. (i) The listed issuer, as reflected in the businesses jointly controlled, directly or (9) The terms listed and listing refer applicable listing application, is indirectly, by the dual holding to securities listed on a national organized as a trust or other companies (and, in each case, receive securities exchange or listed in an unincorporated association that does only ordinary-course compensation for automated inter-dealer quotation

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system of a national securities auditor and for recommending that the the audit committee and management. association or to issuers of such board of directors take appropriate In such an instance, however, if the securities. action in response to the outside listed issuer provides a recommendation (f) Opportunity to cure defects. A auditors’ report to satisfy itself of the or nomination regarding such listed issuer shall have the opportunity outside auditors’ independence. responsibilities to shareholders, the provided for in Rule 811 to cure any (i) Expertise Requirement of Audit audit committee of the listed issuer, or defects that would be the basis for Committee Members. body performing similar functions, must delisting under paragraph (a) of this (i) Each member of the audit be responsible for making the section, before the imposition of such committee must be financially literate, recommendation or nomination. delisting. Additionally, if a member of as such qualification is interpreted by 2. The requirements in paragraphs an audit committee ceases to be the company’s board of directors in its (b)(2) through (b)(5), (c)(3)(v), (c)(3)(vi) independent in accordance with the business judgment, or must become and Commentary 1 of this section do requirements of this section for reasons financially literate within a reasonable not conflict with any legal or listing outside the member’s reasonable period of time after his or her requirement in a listed issuer’s home control, that person, with notice by the appointment to the audit committee; jurisdiction that prohibits the full board issuer to the Exchange, may remain an and of directors from delegating such audit committee member of the listed (ii) At least one member of the audit responsibilities to the listed issuer’s issuer until the earlier of the next committee must have accounting or audit committee or limits the degree of annual shareholders meeting of the related financial management expertise, such delegation. In that case, the audit listed issuer or one year from the as the Board of Directors interprets such committee, or body performing similar occurrence of the event that caused the qualification in its business judgment. functions, must be granted such member to be no longer independent. (j) Written Affirmation. As part of the responsibilities, which can include (g) Notification of noncompliance. initial listing process, and with respect advisory powers, with respect to such Listed issuers must notify the Exchange to any subsequent changes to the matters to the extent permitted by law, promptly after an executive officer of composition of the audit committee, including submitting nominations or the listed issuer becomes aware of any and otherwise approximately once each recommendations to the full board. material noncompliance by the listed year, each company should provide the 3. The requirements in paragraphs issuer with the requirements of this Exchange written confirmation (b)(2) through (b)(5), (c)(3)(v) and section. regarding: (c)(3)(vi) of this section do not conflict (h) Audit Committee Charter. The (i) any determination that the with any legal or listing requirement in board of directors must adopt and company’s board of directors has made a listed issuer’s home jurisdiction that approve a formal written charter for the regarding the independence of directors vests such responsibilities with a audit committee. The audit committee pursuant to any of the subparagraphs government entity or tribunal. In that must review and reassess the adequacy above; case, the audit committee, or body of the formal written charter on an (ii) the financial literacy of the audit performing similar functions, must be annual basis. The charter must specify committee member; granted such responsibilities, which can the following: (iii) the determination that at least include advisory powers, with respect to (i) The scope of the audit committee’s one of the audit committee members has such matters to the extent permitted by responsibilities and how it carries out accounting or related financial law. those responsibilities, including management expertise; and 4. For purposes of this section, the structure, processes, and membership (iv) the annual review and determination of a person’s beneficial requirements; reassessment of the adequacy of the ownership must be made in accordance (ii) That the outside auditor is audit committee charter. with Rule 13d–3 under the Act. ultimately accountable to the board of (k) Related Party Transactions. Each Rule 811. Delisting Policies and directors and the audit committee of the issuer shall conduct an appropriate Procedures company, that the audit committee and review of all related party transactions board of directors have the ultimate on an ongoing basis and all such Rule 811. Once Exchange staff authority and responsibility to select, transactions must be approved by the identifies a company as being below the evaluate, and, where appropriate, company’s audit committee or another Exchange’s continued listing criteria replace the outside auditor (or to independent body of the board of (and not able to otherwise qualify under nominate the outside auditor to be directors. For purposes of this rule, the an initial listing standard), Exchange proposed for shareholder approval in term ‘‘related party transaction’’ shall staff will so notify the company by any proxy statement), and that the audit refer to transactions required to be letter. This letter will also provide the committee is vested with all disclosed pursuant to SEC Regulation company with an opportunity to provide responsibilities and authority required S–K, Item 404. the Exchange staff with a plan (the by Rule 10A–3 under the Securities ‘‘Plan’’) advising the Exchange of action Exchange Act of 1934; and Commentary: the company has taken, or will take, (iii) That the audit committee is 1. The requirements in paragraphs that would bring it into compliance with responsible for ensuring that the outside (b)(2) through (b)(5), (c)(3)(v) and the continued listing standards within auditor submits on a periodic basis to (c)(3)(vi) of this section do not conflict three months of receipt of the letter. The the audit committee a formal written with, and do not affect the application company has 30 days from the receipt statement delineating all relationships of, any requirement or ability under a of the letter to submit its Plan to the between the auditor and the company listed issuer’s governing law or Exchange for review; if it does not and that the audit committee is documents or other home country legal submit a Plan within this period the responsible for actively engaging in a or listing provisions that requires or Exchange will promptly initiate dialogue with the outside auditor with permits shareholders to ultimately vote delisting proceedings as provided in respect to any disclosed relationships or on, approve or ratify such requirements. subsections (a)–(g) below. The services that may impact the objectivity The requirements instead relate to the Exchange’s Allocation, Evaluation and and independence of the outside assignment of responsibility as between Securities Committee (the ‘‘Committee’’)

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will evaluate the Plan and determine II. Self-Regulatory Organization’s independent.6 Proposed Rules whether the company has made Statement of the Purpose of, and 849(b)(1)(i)(A) through (D) are based in reasonable demonstration in the Plan of Statutory Basis for, the Proposed Rule large part upon Rule 5.3(b)(3)(i)–(iv) of an ability to regain compliance with the Change PCX Equities, Inc.,7 and would preclude continued listing standards within the In its filing with the Commission, the employees and those with business three month period. The Committee will Phlx included statements concerning relationships from serving on a listed make such determination within 45 the purpose of, and basis for, the company’s audit committee. They days of receipt of the proposed Plan, proposed rule change and discussed any would also prohibit audit committee and will promptly notify the company of comments it received on the proposed service by a director who is employed its determination in writing. If the rule change. The text of these statements as an executive of another corporation Committee does not accept the Plan, the may be examined at the places specified where any of the company’s executives Exchange will promptly initiate in Item IV below. The Phlx has prepared serves on that corporation’s compensation committee. Further, a delisting proceedings as provided in summaries, set forth in Sections A, B, director who is an ‘‘Immediate Family’’ subsections (a)–(g) below. If Exchange and C below, of the most significant aspects of such statements. member of an individual who is an staff accepts the Plan, the three month executive officer of the company or any Plan period will commence on the date A. Self-Regulatory Organization’s of its affiliates cannot serve on the audit the issuer is notified of such acceptance. Statement of the Purpose of, and committee until three years following The Exchange will then review the Statutory Basis for, the Proposed Rule the termination of such employment company on a periodic basis for Change relationship. compliance with the Plan. If the Independence—Rule 10A–3 1. Purpose company does not show progress Requirements. Proposed Phlx Rules consistent with the Plan, the Committee The purpose of the proposed rule 849(b)(1)(ii) and (iii) prescribe certain will review the circumstances and change is to amend Phlx Rule 849 to independence requirements for audit variance, and determine whether such provide enhanced listing standards committee members of non-investment variance warrants the commencement related to Phlx-listed issuers’ audit company issuers and for investment of delisting procedures. Should the committees, and to amend Phlx Rule company issuers, respectively, which Committee determine to proceed with 811 to incorporate a procedure to are mandated by Commission Rule delisting procedures, it may do so provide issuers a ‘‘cure period’’ prior to 10A–3(b)(1)(ii) and (iii). Proposed Phlx regardless of the company’s continued being delisted for failure to meet Rules 849(b)(1)(iv)(A) through (F) listing status at that time. If, prior to the Exchange listing standards. The changes provide a number of exemptions from end of the three month Plan period, the are summarized below. the Phlx Rule 849(b)(1) independence company is able to demonstrate Rule 849, Audit Committee/Conflicts requirements as permitted by 8 compliance with the continued listing of Interest. Commission Rule 10A–3(b)(1)(iv). Responsibilities Relating to Registered standards at the end of the three month Independence—Background. Public Accounting Firms, Complaints, Plan period, the Exchange will deem the Currently, Phlx Rule 849 requires listed Authority to Engage Advisers and Plan period over. If the company does companies to maintain audit committees, a majority of the members Funding. Phlx Rules 849(b)(2)–(5) not meet continued listing standards at of which are ‘‘independent directors’’ as provide for the audit committee’s the end of the three month Plan period, defined in Phlx Rule 851. Phlx Rule 851 responsibility to select and oversee the the Exchange will promptly initiate requires listed issuers to maintain a issuer’s independent accountant, delisting procedures. If the company, minimum of two independent directors procedures for handling complaints within twelve months of the end of the on its board and defines ‘‘independent regarding the issuer’s accounting Plan (including any early termination of director’’ as a person other than an practices, the authority of the audit the Plan period) is again determined to officer or employee of the company or committee to engage advisors, and be below continued listing standards, its subsidiaries or any other individual funding for the independent auditor and the Committee will examine the having a relationship which, in the any outside advisors engaged by the relationship between the two incidents opinion of the board of directors, would of falling below continued listing interfere with the exercise of 6 However, where a listed issuer is one of two standards and re-evaluate the independent judgment in carrying out dual holding companies, those companies may designate one audit committee for both companies company’s method of recovery from the the responsibilities of a director. This so long as each member of the audit committee is first incident. It will then take current requirement would remain in a member of the board of directors of at least one appropriate action which, depending effect pending the implementation of of such dual holding companies. upon the circumstances, may include the higher standards proposed in Phlx 7 PCX Equities, Inc. Rules 5.3(b)(3)(i)–(iv) were approved by the Commission on February 7, 2001. truncating the procedures described Rules 849(b)–(j). Proposed Phlx Rule See Securities Exchange Act Release No. 43941 above or immediately initiating delisting 849(b) would require a listed issuer to (February 7, 2001), 66 FR 10545 (February 15, 2001) procedures. have, and to certify that it has and will (approving SR–PCX–00–40). The rules had been continue to have, an audit committee, as proposed to conform to recommendations made in Whenever the Exchange determines 1999 by the Blue Ribbon Committee on Improving defined in Section 3(a)(58) of the Act, of that it is appropriate to consider Effectiveness of Corporate Audit Committees (the at least three members, each of whom ‘‘Blue Ribbon Committee’’) and rule changes removing a security from listing [(or meet certain criteria set forth in adopted by other self-regulatory organizations. The from unlisted trading)] for other than proposed Phlx Rule 849(b). Blue Ribbon Committee’s recommendations were intended to strengthen the independence of the routine reasons (redemptions or Independence—Blue Ribbon maturities) it will follow the following audit committee, make the audit committee more Committee Recommendations. Proposed effective, and address mechanisms for procedures: Phlx Rule 849(b)(1)(i) would require accountability among the audit committee, the (a)–(g) No change. each member of the audit committee to outside auditors, and management. 8 The Commission notes that Phlx did not include be a member of the board of directors of the exception provided for in Commission Rule the listed issuer and to be otherwise 10A–3(b)(1)(iv)(A)(1).

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audit committee. As noted above, these to any subsequent changes to the Exchange will promptly initiate standards are required by Commission composition of the audit committee, and delisting procedures. Rule 10A–3(b)(2)–(5). otherwise approximately once each 2. Statutory Basis General Exemptions. Phlx Rule year, each listed company should 849(c)(1)–(7) provides a number of provide the Exchange written The Exchange believes that its exemptions from Phlx Rule 849, which confirmation regarding determinations proposal is consistent with Section 6(b) are provided for in Commission Rule of directors’ independence, the financial of the Act,9 in general, and furthers the 10A–3(c). literacy of audit committee members, objectives of Section 6(b)(5) of the Act,10 Definitions. Phlx Rule 849(e) defines the determination that at least one of the in particular, in that it is designed to a number of terms used in Phlx Rule audit committee members has prevent fraudulent and manipulative 849, including the terms ‘‘affiliate’’ and accounting or related financial acts and practices, to promote just and ‘‘control,’’ and also including the term management expertise, and the annual equitable principles of trade, to foster ‘‘board of directors’’ in the case of review and reassessment of the cooperation and coordination with foreign private issuers with a two-tier adequacy of the audit committee persons engaged in facilitating board system or a limited partnership or charter. transactions in securities, and to remove limited liability company where such Related Party Transactions. Proposed impediments to and perfect the entity does not have a board of directors Phlx Rule 849(k) replaces the second mechanism of a free and open market or equivalent body. sentence of current Phlx Rule 849. It and a national market system, to protect Opportunity to Cure Defects. Phlx defines ‘‘related party transactions’’ and investors and the public interest and is Rule 849(f) provides that a listed issuer requires issuers to conduct an not designed to permit unfair shall have the opportunity provided for appropriate review of all such discrimination between customers, in Phlx Rule 811 (see below) to cure any transactions on an ongoing basis. It also issuers, brokers, or dealers. Specifically, defects that would be the basis for requires all such transactions to be Amex believes the proposed rule change delisting under Phlx Rule 849(a) before approved by the audit committee or is designed to increase investor the imposition of such delisting. It also another independent body of the board protection by promoting accountability, provides that if a member of an audit of directors. transparency and integrity by listed committee ceases to be independent in Commentary. Commentary sections companies. accordance with the requirements of 1–4 replicate the Instructions adopted Phlx Rule 849 for reasons outside the by the Commission as part of Rule 10A– B. Self-Regulatory Organization’s member’s reasonable control, that 3, and are designed to clarify the Statement on Burden on Competition person, with notice by the issuer to the applicability of certain other Rule 849 The Exchange does not believe that Exchange, may remain an audit provisions. the proposed rule change will impose committee member of the listed issuer Rule 811, Delisting Policies and any inappropriate burden on until the earlier of the next annual Procedures. competition. shareholders meeting or one year from Rule 811, Delisting Policies and the occurrence of the event that caused Procedures, is proposed to be amended C. Self-Regulatory Organization’s the member to be no longer by the addition of introductory text Statement on Comments on the independent. prior to subsection (a). The new Proposed Rule Change Received From Notification of Noncompliance. language would provide a process Members, Participants, or Others Proposed Phlx Rule 849(g) requires pursuant to which a company identified No written comments were either listed issuers to notify the Exchange by Exchange staff as being below the solicited or received. promptly after an executive officer of Exchange’s continued listing criteria the listed issuer becomes aware of any would be provided an opportunity to III. Date of Effectiveness of the material noncompliance by the listed provide Exchange staff with a plan Proposed Rule Change and Timing for issuer with the requirements of Phlx advising the Exchange of action the Commission Action Rule 849. company has taken, or will take, that Within 35 days of the date of Audit Committee Charter. Proposed would bring it into compliance with the publication of this notice in the Federal Phlx Rule 849(h) requires the board of continued listing standards within three Register or within such longer period (i) directors to adopt and approve a formal months (the ‘‘Plan’’). The company as the Commission may designate up to written charter for the audit committee, would have 30 days from receipt of a 90 days of such date if it finds such and requires the audit committee to letter from the Exchange notifying the longer period to be appropriate and review and reassess the adequacy of the company of the deficiency to submit the publishes its reasons for so finding or formal written charter on an annual plan. The Exchange’s Allocation, (ii) as to which Phlx consents, the basis. The proposed rule details the Evaluation and Securities Committee, Commission will: required content of the charter. within 45 days of receipt of the (A) By order approve such proposed Expertise Requirement of Audit proposed plan, will determine whether rule change, or Committee Members. Proposed Phlx the company has made a reasonable (B) Institute proceedings to determine Rule 849(i) requires each member of the demonstration of an ability to regain whether the proposed rule change audit committee to be financially compliance with the continued listing should be disapproved. literate or become financially literate standards within the three month within a reasonable period of time after period. If Exchange staff accepts the IV. Solicitation of Comments his or her appointment to the audit Plan, the three-month Plan period will Interested persons are invited to committee. It requires at least one commence on the date the issuer is submit written data, views and member of the audit committee to have notified of such acceptance. If the arguments concerning the foregoing, accounting or related financial company does not show progress including whether the proposed rule management expertise. consistent with the Plan, it may proceed change is consistent with the Act. Written Affirmation. Proposed Phlx with delisting. If the company does not Rule 849(j) provides that as part of the meet continued listing standards at the 9 15 U.S.C. 78f(b). initial listing process, and with respect end of the three month Plan period, the 10 15 U.S.C. 78f(b)(5).

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Persons making written submissions Administration (SSA) announces a meeting should contact the Panel staff should file six copies thereof with the meeting of the Ticket to Work and Work by e-mailing Kristen M. Breland, at Secretary, Securities and Exchange Incentives Advisory Panel (the Panel). [email protected] or calling Commission, 450 Fifth Street, NW., Section 101(f) of Public Law 106–170 (202) 358–6423. Washington, DC 20549–0609. Copies of establishes the Panel to advise the The full agenda for the meeting will the submission, all subsequent President, the Congress and the be posted on the Internet at http:// amendments, all written statements Commissioner of SSA, on issues related www.ssa.gov/work/panel at least one with respect to the proposed rule to work incentives programs, planning week before the meeting or can be change that are filed with the and assistance for individuals with received in advance electronically or by Commission, and all written disabilities as provided under section fax upon request. communications relating to the 101(f)(2)(A) of the TWWIIA. The Panel Contact Information: Anyone proposed rule change between the is also to advise the Commissioner on requiring information regarding the Commission and any person, other than matters specified in section 101(f)(2)(B) Panel should contact the TWWIIA Panel those that may be withheld from the of that Act, including certain issues staff. Records are being kept of all Panel public in accordance with the related to the Ticket to Work and Self- proceedings and will be available for provisions of 5 U.S.C. 552, will be Sufficiency Program established under public inspection by appointment at the available for inspection and copying in section 101(a) of that Act. Panel office. Anyone requiring the Commission’s Public Reference Interested parties are invited to attend information regarding the Panel should Room. Copies of such filing will also be the meeting. The Panel will use the contact the Panel staff by: available for inspection and copying at meeting time to receive briefings, hear • Mail addressed to Social Security the principal office of the Phlx. All presentations, conduct full Panel Administration, Ticket to Work and submissions should refer to File No. deliberations on the implementation of Work Incentives Advisory Panel Staff, SR–Phlx–2003–51 and should be TWWIIA and receive public testimony. 400 Virginia Avenue, SW., Suite 700, submitted by November 6, 2003. The topics for the meeting will include Washington, DC, 20024. presentations of briefing papers • Telephone contact with Kristen For the Commission, by the Division of prepared for the Panel, discussion of Breland at (202) 358–6423. Market Regulation, pursuant to delegated • authority.11 topics for the next Annual Report, and Fax at (202) 358–6440. agency updates from SSA, the • Margaret H. McFarland, E-mail to [email protected]. Department of Education and the Dated: October 9, 2003. Deputy Secretary. Department of Health and Human [FR Doc. 03–26101 Filed 10–15–03; 8:45 am] Services. Carol Brenner, BILLING CODE 8010–01–P The Panel will meet in person Designated Federal Officer. commencing on Wednesday, November [FR Doc. 03–26140 Filed 10–15–03; 8:45 am] 5, 2003 from 9:30 a.m. to 4:45 p.m.; BILLING CODE 4191–02–P SOCIAL SECURITY ADMINISTRATION Thursday, November 6, 2003 from 9 a.m. to 5 p.m.; and Friday, November 7, The Ticket to Work and Work 2003 from 9 a.m. to 1 p.m. DEPARTMENT OF STATE Incentives Advisory Panel Meeting Agenda: The Panel will hold a quarterly meeting. Briefings, [Public Notice 4513] AGENCY: Social Security Administration (SSA). presentations, full Panel deliberations Culturally Significant Objects Imported and other Panel business will be held on ACTION: Notice of meeting. for Exhibition; Determinations: Wednesday, Thursday and Friday, ‘‘Verrocchio’s David Restored: A November 5, 6, and 7, 2003. Public DATES: November 5, 2003, 9:30 a.m.– Renaissance Bronze From the National 4:45 p.m.*, November 6, 2003, 9 a.m.– testimony will be heard in person on Museum of Bargello, Florence’’ 5 p.m., November 7, 2003, 9 a.m.–1 p.m. Wednesday, November 5, 2003 from 2:30 p.m. to 3 p.m. and on Friday, AGENCY: Department of State. *The full Panel deliberative meeting will end November 7, 2003 from 9:05 a.m. to 9:35 ACTION: Notice. at 4:45 p.m. The standing committees of the a.m. Members of the public must Panel will meet from 5 p.m. to 6:30 p.m. schedule a timeslot in order to SUMMARY: Notice is hereby given of the ADDRESSES: Hyatt Regency Crystal City, comment. In the event that the public following determinations: Pursuant to 2799 Jefferson Davis Highway, comments do not take up the scheduled the authority vested in me by the Act of Arlington, VA 22202, Phone: (703) 418– time period for public comment, the October 19, 1965 (79 Stat. 985; 22 U.S.C. 1234. Panel will use that time to deliberate 2459), Executive Order 12047 of March SUPPLEMENTARY INFORMATION: Type of and conduct other Panel business. 27, 1978, the Foreign Affairs Reform and meeting: This is a quarterly meeting Individuals interested in providing Restructuring Act of 1998 (112 Stat. open to the public. The public is invited testimony in person should contact the 2681, et seq.; 22 U.S.C. 6501 note, et to participate by coming to the address Panel staff as outlined below to seq.), Delegation of Authority No. 234 of listed above. Public comment will be schedule time slots. Each presenter will October 1, 1999, and Delegation of taken during the quarterly meeting. The be called on by the Chair in the order Authority No. 236 of October 19, 1999, public is also invited to submit in which they are scheduled to testify as amended, and Delegation of comments in writing on the and is limited to a maximum five- Authority No. 257 of April 15, 2003 (68 implementation of the Ticket to Work minute verbal presentation. Full written FR 19875), I hereby determine that the and Work Incentives Improvement Act testimony on TWWIIA implementation, object to be included in the exhibition (TWWIIA) of 1999 at any time. no longer than 5 pages, may be ‘‘Verrocchio’s David Restored: A Purpose: In accordance with section submitted in person or by mail, fax or Renaissance Bronze from the National 10(a)(2) of the Federal Advisory email on an on-going basis to the Panel Museum of Bargello, Florence,’’ Committee Act, the Social Security for consideration. imported from abroad for temporary Since seating may be limited, persons exhibition within the United States, is 11 17 CFR 200.30–3(a)(12). interested in providing testimony at the of cultural significance. The object is

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imported pursuant to a loan agreement India and Thailand, among others. The In order to avoid the duplication of with the foreign owner. I also determine Bureau anticipates awarding between 5– activities and programs, proposals that the exhibition or display of the 15 grants in amounts of $250,000— should also indicate knowledge of exhibit object at the High Museum of $1,000,000. similar projects being conducted in the Art, Atlanta, GA from on or about Background: DRL/PHD supports regions and how the submitted proposal November 22, 2003, to on or about innovative, cutting-edge programs will complement them. February 8, 2004, the National Gallery which uphold democratic principles, Applicant/Organization Criteria of Art, Washington, DC, from on or support and strengthen democratic about February 13, 2004, to on or about institutions, promote human rights, and Organizations applying for a grant March 21, 2004, and at possible build civil society in countries and should meet the following criteria: • additional venues yet to be determined, regions of the world that are geo- Be a U.S. non-profit organization is in the national interest. Public notice strategically important to the U.S. meeting the provisions described in of these Determinations is ordered to be DRL/PHD funds projects that have an Internal Revenue Code section 26 USC published in the Federal Register. immediate impact but that also have 501(c)(3). Applicant must submit proof of its non-profit status in the application FOR FURTHER INFORMATION CONTACT: For potential for continued funding beyond further information, including a list of DRL/PHD resources. Projects must not at the time of submission. • Have demonstrated experience the exhibit object, contact Carol B. duplicate or simply add to efforts by administering successful projects in the Epstein, Attorney-Adviser, Office of the other entities. regions in which it is proposing to Legal Adviser, Department of State, SUPPLEMENTARY INFORMATION: The Bureau of Democracy Human Rights and administer a project. (telephone: 202/619–6981). The address • Have existing, or the capacity to Labor has identified the following issues is Department of State, SA–44, 301 4th develop, active partnerships with in- as priorities. Projects that address these Street, SW., Room 700, Washington, DC country organization(s). issues may receive a higher priority, but 20547–0001. • Organizations that have not DRL is open to innovative programming Dated: October 8, 2003. previously received and successfully ideas on other issues that meet our C. Miller Crouch, administered U.S. government grant general criteria: funds will be subject to additional Principal Deputy Assistant Secretary for 1. Empowerment of Muslim women, scrutiny before an award can be granted. Educational and Cultural Affairs, Department including projects that promote capacity of State. building and/or networks of women or Note: Organizations are welcome to submit [FR Doc. 03–26186 Filed 10–15–03; 8:45 am] women’s organizations, especially as more than one proposal, but should know BILLING CODE 4710–08–P they relate to human-rights; that DRL wishes to reach out to as many 2. Addressing the problem of different organizations as possible with its disenfranchised youth and the need to limited funds. DEPARTMENT OF STATE reach out to this group to prevent Budget Guidelines [Public Notice 4514] growth of extremism; 3. Political reform programs that Please refer to the Proposal Bureau of Democracy, Human Rights would entail support for conducting free Submission Instructions (PSI) for and Labor Request for Grant and fair elections, issues of good complete budget guidelines and Proposals: Human Rights and governance and corruption; formatting instructions. Democratization Cross-Regional 4. Independent media and access to a Deadline for Proposals Initiatives in the Non-Arab Muslim diversity of sources of information; World 5. Judicial systems, especially in the All proposals must be received at the context of Shari’a; Bureau of Democracy, Human Rights SUMMARY: The Office for the Promotion 6. Promotion of the compatibility of and Labor by 5 p.m. eastern standard of Human Rights and Democracy of the democracy with Islam; and time (e.s.t.) on Thursday, November 13, Bureau of Democracy, Human Rights 7. Civil society and increasing 2003. Please refer to the PSI for specific and Labor (DRL/PHD) announces an political participation. delivery instructions. open competition for assistance awards. Organizations may submit grant Project Criteria Review Process proposals that focus on promotion of • Project implementation should The Bureau will acknowledge receipt human rights, political participation begin no earlier than March 2004. of all proposals and will review them and freedom of opportunity in the non- • Projects should not exceed two for eligibility. Proposals will be deemed Arab Muslim World. years in duration. Shorter projects with ineligible if they do not fully adhere to Awards are contingent upon the more immediate outcomes may receive the guidelines stated herein and in the availability of Fiscal Year 2003 funds. preference. PSI. Eligible proposals will be subject to Up to $4,500,000 may be available • Project activity should take place compliance with Federal and Bureau under the Economic Support Fund for abroad. U.S.-based or exchange projects regulations and guidelines and projects that address cross-regional are strongly discouraged. forwarded to Bureau grant panels for Bureau objectives in the non-Arab • Projects that have a strong academic advisory review. Proposals may also be Muslim World. Funds will be targeted or research focus will not be highly reviewed by the Office of the Legal toward Muslim populations outside the considered. DRL will not fund health, Adviser or by other Department Middle East. Regions that fall into this technology, environmental, or scientific elements. category may include Africa, East Asia projects unless they have an explicit and the Pacific, South Asia, and Eurasia. democracy, human rights, or rule of law Review Criteria Projects must be targeted at multiple component. Eligible applications will be countries, either within a single region • Projects should include a follow-on competitively reviewed according to the or across regions. Projects may also plan that extends beyond the grant criteria stated below. Further include countries with sizeable Muslim period ensuring that Bureau-supported explanation of these criteria is included minority populations, such as Russia, programs are not isolated events. in the PSI. These criteria are not rank-

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ordered and all carry equal weight in DEPARTMENT OF TRANSPORTATION Docket: For access to the docket to the proposal evaluation: Quality of the read background documents or program idea; program planning and Office of the Secretary comments received, go to http:// ability to achieve program objectives; [Docket No.: OST–2003–15962] dms.dot.gov at any time or to Room PL– multiplier effect/impact; institution’s 401 on the Plaza Level of the Nassif record/ability/capacity; cost- Notice of Request for Renewal of a Building, 400 Seventh Street, SW., effectiveness. Previously Approved Collection. Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except FOR FURTHER INFORMATION CONTACT: The AGENCY: Office of the Secretary. Federal holidays. Office for the Promotion of Human ACTION: Notice. Rights and Democracy of the Bureau of FOR FURTHER INFORMATION CONTACT: Democracy, Human Rights and Labor SUMMARY: In accordance with the Delores King, Air Carrier Fitness (DRL/PHD). Please specify Sondra Paperwork Reduction Act of 1995 (44 Division (X–56), Office of Aviation Govatski 202–647–9734 on all inquiries U.S.C. 3501 et seq.), this notice Analysis, Office of the Secretary, U.S. and correspondence. announces that the Information Department of Transportation, 400 Please read the complete Federal Collection Request (ICR) abstracted Seventh Street, SW., Washington, DC Register announcement before sending below has been forwarded to the Office 20590, (202) 366–2343. inquiries or submitting proposals. Once of Management and Budget (OMB) for SUPPLEMENTARY INFORMATION: the RFP deadline has passed, Bureau renewal and comment. The ICR staff may not discuss this competition describes the nature of the information Title: Procedures and Evidence Rules with applicants until the proposal collection and its expected cost and for Air Carrier Authority Applications: review process has been completed. burden. The Federal Register Notice 14 CFR part 201—Air Carrier Authority with a 60-day comment period soliciting under Subtitle VII of title 49 of the To Download a Solicitation Package comments on the following collection of United States Code—(Amended); 14 Via Internet information was published on August CFR Part 204—Data to Support Fitness 22, 2003 [68 FR 50825]. No comments Determinations; 14 CFR Part 291—Cargo The Solicitation Package consists of were received. this RFP plus the Proposal Submission Operations in Interstate Air Instructions (PSI). The PSI contains DATES: Comments on this notice must be Transportation. received by November 17, 2003. detailed award criteria, specific budget OMB Control Number: 2106–0023. instructions, and standard guidelines for ADDRESSES: You may submit comments Affected Public: Persons seeking proposal preparation. The PSI may be [identified by DOT DMS Docket Number downloaded from the HRDF section on OST 2003–15962 by the following initial or continuing authority to engage the Bureau’s Web site at http:// methods: in air transportation of persons, www.state.gov/g/drl/. • Web site: http://dms.dot.gov. property, and/or mail. Follow the instructions for submitting Annual Estimated Burden: 4,604 Notice comments on the DOT electronic docket hours. site. The terms and conditions published Abstract: In order to determine the • Fax 1–202–493–2251. in this RFP are binding and may not be fitness of persons seeking authority to • Mail: Docket Management Facility; modified by any Bureau representative. U.S. Department of Transportation, 400 engage in air transportation, the Explanatory information provided by Seventh Street, SW., Nassif Building, Department collects information from the Bureau that contradicts published Room PL–401, Washington, DC 20590– them about their ownership, language will not be binding. 001. citizenship, managerial competence, Issuance of the RFP does not • Hand Delivery: Room PL–401 on operating proposal, financial condition, constitute an award commitment on the Plaza Level of the Nassif Building, 400 and compliance history. The specific part of the Government. The Bureau Seventh Street, SW., Washington DC, information to be filed by respondents reserves the right to reduce, revise, or between 9 a.m. and 5 p.m., Monday is set forth in 14 CFR part 201 and 204. increase proposal budgets in accordance through Friday, except on Federal Comments are invited on: (a) Whether with the needs of the program and the holidays. the proposed collection of information availability of funds. Awards made will • Federal eRulemaking Portal: Go to is necessary for the proper performance be subject to periodic reporting and http://www.regulations.gov. Follow the of the functions of the Department, evaluation requirements. Final technical online instructions for submitting including whether the information will authority for assistance awards resides comments. have practical utility; (b) the accuracy of with the Office of Acquisition Instructions: All submissions must Management’s Grants Officer. the Department’s estimate of the burden include the agency name and docket of the proposed information collection; number or Regulatory Identification Notification (c) ways to enhance the quality, utility Number (RIN) for this rulemaking. For and clarity of the information to be Final awards cannot be made until detailed instructions on submitting collected; and (d) ways to minimize the funds have been appropriated by comments and additional information burden of the collection of information Congress, allocated and committed on the rulemaking process, see the through internal Bureau procedures. Public Participation heading of the on respondents, including the use of SUPPLEMENTARY INFORMATION section of automated collection techniques or Dated: October 9, 2003. this document. Note that all comments other forms of information technology. Lorne W. Craner, received will be posted without change All responses to this notice will be Assistant Secretary for Democracy, Human to http://dms.dot.gov including any summarized and included in the request Rights and Labor, Department of State. personal information provided. Please for OMB approval. [FR Doc. 03–26185 Filed 10–15–03; 8:45 am] see the Privacy Act heading under BILLING CODE 4710–18–P Regulatory Notes.

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Issued in Washington, DC on October 8, vehicle.’’ Launch, as defined in 14 CFR address the launch of horizontally 2003. 401.5, means ‘‘to place or try to place a launched vehicles and the reentry of all Michael A. Robinson, launch vehicle or reentry vehicle and reentry vehicles. Information Technology Program any payload from Earth in a suborbital Scoping: Public scoping will be Management, United States Department of trajectory, in Earth orbit in outer space, conducted as part of the PEIS Transportation. or otherwise in outer space, and development process to ensure that all [FR Doc. 03–26127 Filed 10–15–03; 8:45 am] includes activities involved in the interested government and private BILLING CODE 4910–62–P preparation of a launch vehicle for flight, when those activities take place organizations, and the general public at a launch site in the United States. The have an opportunity to express their DEPARTMENT OF TRANSPORTATION term launch includes the flight of a concerns and identify topics that should launch vehicle and pre-flight ground be addressed in the PEIS. The FAA has Federal Aviation Administration operations beginning with the arrival of developed a public participation Web site (http://ast.faa.gov/), which provides Notice of Extension of Scoping a launch vehicle or payload at a U.S. launch site. For purposes of an information on the development of this AGENCY: Federal Aviation expendable launch vehicle launch, PEIS and provides the public an Administration (FAA), Department of flight ends after the licensee’s last opportunity to submit comments Transportation (DOT). exercise of control over its launch electronically. Materials on the web site ACTION: Notice of extension of scoping vehicle. For purposes of an orbital RLV include information about licensing and for the Programmatic Environmental launch, flight ends after deployment of the NEPA process; frequently asked Impact Statement for Licensing a payload for an RLV having payload questions, a fact sheet on the PEIS; a Launches of Horizontally Launched deployment as a mission objective. For comparison of the analysis of the Vehicles and Reentries of Reentry other orbital RLVs, flight ends upon previous programmatic documents; and Vehicles. completion of the first sustained, public comment forms. Scoping steady-state orbit of an RLV at its meetings may be requested by SUMMARY: The FAA is preparing a intended location.’’ Programmatic Environmental Impact Alternatives to the proposed action organizations or individuals that feel Statement (PEIS) in accordance with the may include activities such as not their concerns cannot be met through National Environmental Policy Act licensing horizontal launches, not the online opportunity to comment. (NEPA) of 1969 and the Council on licensing vertical reentries, not licensing Information regarding the development Environmental Quality implementing horizontal reentries, not licensing of the PEIS is available on the public regulations and is requesting comments powered reentries, and not licensing participation web site at http:// in preparation of the PEIS. The FAA has unpowered reentries. ast.faa.gov/, under the ‘‘What’s new on extended public scoping for the PEIS to FAA exercises licensing authority in the AST Web site ‘‘Announcements’’ ensure that all interested government accordance with the Commercial Space section. and private organizations, and the Launch Act and Commercial Space To Submit Comments: Written general public have an opportunity to Transportation Licensing Regulations, comments, statements, and/or questions express their concerns and identify 14 CFR Ch.III, which authorize the FAA regarding scoping issues or the PEIS topics that should be addressed in the to license the launch of a launch vehicle process should be addressed to Ms. PEIS. Scoping comments will be when conducted within the U.S. and accepted until October 31, 2003. This those operated by U.S. citizens abroad. Michon Washington, FAA PEIS will assess environmental impacts The scope of the PEIS would include Environmental Specialist, FAA PEIS, associated with the proposed action, launches on both orbital and suborbital c/o ICF Consulting, 9300 Lee Highway, reasonable alternatives including those trajectories. Fairfax, Virginia 22031; phone (703) identified during scoping, the no action In May 1992, the U.S. Department of 934–3950; fax (703) 934–3951; e-mail at alternative, and cumulative impacts. Transportation issued the Final [email protected]; or by This PEIS will support decisions made Programmatic Environmental Impact Web site http://ast.faa.gov/. Comments to meet the FAA’s responsibility to Statement for Commercial Reentry should clearly identify and describe the license commercial launch and reentry Vehicles that assessed the specific issue(s) or topics to be included operations and the operation of launch environmental impacts of licensing the in the PEIS. To ensure sufficient time to and reentry sites consistent with public unpowered reentry of reentry vehicles consider issues identified during public health and safety, safety of property, from space to Earth. This 1992 PEIS scoping, comments should be submitted and the national security and foreign relied in part on the analysis in the no later than October 31, 2003. policy interests of the United States. Programmatic Environmental Issuing a launch or reentry license is a Assessment of Commercial Expendable Charles Larsen, Federal action and is therefore subject to Launch Vehicle Programs, February (Acting) Manager, Space Systems NEPA review. 1986. Development Division. Proposed Action and Possible In May 2001, the FAA issued the [FR Doc. 03–26090 Filed 10–15–03; 8:45 am] Alternatives: The proposed action for Programmatic Environmental Impact BILLING CODE 4910–13–P this PEIS is to license the launch and Statement for Licensing Launches, landing of horizontally launched which assessed the environmental vehicles and the reentry of reentry impacts of licensing commercial vehicles. A reentry vehicle is defined in launches. This 2001 PEIS updated and 14 CFR 401.5 as ‘‘a vehicle designed to replaced the 1986 Programmatic return from Earth orbit or outer space to Environmental Assessment (EA). Earth substantially intact. A reusable The PEIS for Licensing Launches of launch vehicle (RLV) that is designed to Horizontally Launched Vehicles and return from Earth orbit or outer space to Reentries of Reentry Vehicles will Earth substantially intact is a reentry update and replace the 1992 PEIS and

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DEPARTMENT OF TRANSPORTATION relevant information known to the they could qualify for a CDL in the agency, and provide an opportunity for United States. It does not anticipate any Federal Motor Carrier Safety public comment on the request. Prior to adverse safety impacts from this Administration granting a request for an exemption, the exemption due to the fact that the [FMCSA Docket No. FMCSA–2003–14652] agency must publish a notice in the Japanese authorities adhere to very strict Federal Register identifying the person commercial driver testing and licensing Commercial Driver’s License or class of persons who would receive procedures. Standards; Isuzu Motors America, Inc. the exemption, the provisions from There will always be two qualified Exemption Application which the person would be exempt, the drivers in each motor vehicle. The effective period, and all terms and drivers employed by Isuzu are fully AGENCY: Federal Motor Carrier Safety conditions of the exemption. The terms qualified CMV operators with valid Administration (FMCSA), DOT. and conditions established by the Japanese CDLs. The company ensures ACTION: Notice of final disposition; FMCSA must ensure that the exemption that the qualifications are maintained granting of application for exemption. will likely achieve a level of safety that and all current laws in Japan are is equivalent to, or greater than, the followed. Due to strict regulations in SUMMARY: The FMCSA announces its level that would be achieved by Japan for drivers holding Japanese decision to grant the Isuzu Motors complying with the regulation. CDLs, Isuzu believes that it will achieve America, Inc. request for an exemption On December 8, 1998, the FMCSA a greater level of safety than would be from the Federal commercial driver’s published an interim final rule achieved if it used United States drivers license (CDL) requirement in 49 CFR implementing section 4007 of TEA–21 unfamiliar with its process for testing, 383.23. The exemption is for 31 (63 FR 67600). The regulations at 49 designing, and producing safe Japanese engineers and technicians who CFR part 381 establish the procedures to commercial vehicles. will be test-driving commercial motor be followed to request waivers and to Drivers applying to obtain a Japanese vehicles (CMVs) for Isuzu. All of the apply for exemptions from the FMCSRs, CDL must take both a knowledge test individuals hold a valid Japanese and the provisions used to process and skills test before a license to operate commercial driver’s license and are them. CMVs is issued. Prior to taking the tests, specially trained in driving CMVs in drivers are required to hold a Japan. They normally work at Isuzu Exemption Request conventional driver’s license for at least Motors Limited in Japan where their Isuzu Motors America, Inc. (Isuzu), a three years. The process for obtaining a duties involve developing, designing, private motor carrier of property as Japanese-issued commercial driver’s and/or testing engines for CMVs that defined by 49 CFR 390, filed an license is very rigorous and will be manufactured, assembled, sold application for an exemption from the comprehensive, and Isuzu considers it or primarily used in the United States. commercial driver s licensing rules in to be comparable to, or as effective as, The FMCSA believes that enforcement 49 CFR part 383, that would allow the requirements in part 383 of the of the terms and conditions of the drivers Shintaro Moroi, Shigeru FMCSRs. Isuzu believes it adequately exemption would ensure that the level Takamatsu, Norio Takeda, Takeshi assesses the driver’s ability to operate of safety for the drivers is equivalent to Yamagishi, Satoru Amemiya, Toshiya CMVs in the United States. or greater than the level of safety that Asari, Yasunori Fujita, Shiro Fukuda, Once a Japanese driver is granted a would be achieved by complying with Tetsuya Hiromatsu, Kazunori Ligo, commercial driver’s license, he/she is the Federal regulations. The exemption Masao Inoue, Akihuro Kashiwakura, allowed to drive any CMV currently would preempt inconsistent State Kinya Kitamura, Tsuyoshi Koyama, allowed on roads in Japan. There are no requirements applicable to interstate Takao Kudo, Wataru Kumakura, limits to the types or weights of vehicles commerce. Yoshihiko Matsubara, Nobuyuki that may be operated by the drivers. The Miyazaki, Ryo Natsume, Motoki Nishi, drivers affected by the exemption will DATES: The exemption is effective Takuo Nishi, Fumio Oota, Masuru Otsu, be operating tractor-trailer units. These November 17, 2003. The exemption Toshimitsu Sato, Kazuyoshi vehicles will be used for transporting expires October 17, 2003. Shimamura, Masahito Suzuki, Yasuhito merchandise as a commercial activity. It FOR FURTHER INFORMATION CONTACT: Ms. Tahara, Hiroyoshi Takahashi, Takashi is estimated that each driver will drive Teresa Doggett, Office of Bus and Truck Tanabe, Takehito Yaguchi, and Tsutomu approximately 5,000 miles on U.S. Standards and Operations, (202) 366– Yamazaki—to test-drive CMVs within roads. The drivers expect to operate 2990, FMCSA, Department of the United States. According to its CMVs through the states of Arizona, Transportation, 400 Seventh Street, application, the drivers working for California, Colorado, Illinois, Indiana, SW., Washington, DC 20590–0001. Isuzu hold current commercial driver’s Iowa, Kansas, Michigan, Nebraska, Office hours are from 7:45 a.m. to 4:15 licenses issued by the Japanese Nevada, Ohio, Utah, and Wyoming. p.m., e.t., Monday through Friday, authorities. The drivers also meet except Federal holidays. testing and driver qualification Discussion of Comments SUPPLEMENTARY INFORMATION: standards, including medical On April 30, 2003, the FMCSA examinations, which are comparable to published notice of its receipt of an Background State-issued CDLs. The Japanese-issued application from Isuzu on behalf of the Section 4007 of the Transportation license indicates that the drivers have above-referenced 31 drivers, and Equity Act for the 21st Century (TEA– the knowledge and skills necessary to requested comments from the public (67 21) (Public Law 105–178, 112 Stat. 107, comply with the Federal Motor Carrier FR 34515). The comment period closed now codified at 49 U.S.C. 31315 and Safety Regulations (FMCSRs). A copy of on May 30, 2003. The FMCSA received 31136), requires the FMCSA to publish the application for exemption is in the one comment, which is from Michael D. a notice in the Federal Register for each docket. Millard. Mr. Millard opposes granting exemption requested, explaining that Isuzu seeks this exemption because Isuzu an exemption from the CDL the request has been filed, provide the the drivers it employs are citizens and requirements regardless of the public with an opportunity to inspect residents of Japan and the company individuals’ engineering and the safety analysis and any other needs their specialized services before mechanical abilities. Mr. Millard

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believes that an important safety factor such vehicles in their home country, disqualification offenses in §§ 383.51 or is that these drivers be capable of and have passed medical examinations 391.15 of the FMCSRs. operating commercial vehicles that have that are compatible with the agency’s In accordance with 49 U.S.C. 31315 the steering wheel on the left side of the medical standards. The exemptions are and 31136(e), the exemption will be vehicle. Commercial vehicles likely to achieve a level of safety that is valid for 2 years unless revoked earlier manufactured in Japan are equipped equivalent to, or greater than, the level by the FMCSA. The exemption will be with steering wheels that are operated of safety that would be obtained in the revoked if: (1) the drivers for Isuzu fail from the right side of the vehicle. Mr. absence of the exemptions because the to comply with the terms and Millard stated that the need to train and drivers will meet all applicable conditions of the exemption; (2) the qualify these drivers in left-side steering FMCSRs, except for having a State- exemption has resulted in a lower level maneuvers should be emphasized, since issued CDL. Drivers, who meet license of safety than was maintained before it the vehicles being driven could cause a testing and driver qualification was granted; or (3) continuation of the great deal of damage to the public and standards, including medical exemption would not be consistent with to private property if involved in an examinations that are compatible with the goals and objectives of 49 U.S.C. accident. Mr. Millard further stated that U.S. standards and have behind-the- 31315 and 31136. Isuzu could hire experienced U.S. wheel experience operating these Issued on: October 10, 2003. drivers to operate its test vehicles, or vehicles, will operate the vehicles. Pamela M. Pelcovits, take the necessary measures to train the Under 49 U.S.C. 31315 and 31136(e), Japanese drivers to obtain a CDL issued the FMCSA may grant an exemption for Office Director, Policy, Plans, and Regulation. in the U.S. a 2-year period if it finds ‘‘such [FR Doc. 03–26119 Filed 10–15–03; 8:45 am] exemption would likely achieve a level BILLING CODE 4910–EX–P FMCSA Response to Comments of safety that is equivalent to, or greater Although the commenter opposed than, the level that would be achieved granting the exemption, the FMCSA absent such exemption.’’ The statute DEPARTMENT OF TRANSPORTATION believes that granting the exemption to also allows the agency to renew Isuzu would achieve a level of safety exemptions at the end of the 2-year National Highway Traffic Safety that is equivalent to, or greater than, the period. Accordingly, the FMCSA has Administration level of safety that would be achieved evaluated the exemption request on its [U.S. DOT Docket Number NHTSA–2003– by complying with the FMCSRs. merit, and made a determination to 16162] The FMCSA believes the drivers for grant the exemption to all of the drivers. Isuzu have the knowledge and skills Reports, Forms, and Recordkeeping necessary to safely operate CMVs in the Terms and Conditions for the Requirements U.S. The FMCSA determined that the Exemption AGENCY: National Highway Traffic Japanese CDLs are comparable to the After considering the comments to the Safety Administration (NHTSA), CDLs that are issued from the various docket and based upon its evaluation of State licensing agencies in the U.S. CMV the application for an exemption, the Department of Transportation. drivers in both Japan and the U.S. are FMCSA grants Isuzu an exemption from ACTION: Request for public comment on given extensive and comprehensive the Federal commercial driver’s license proposed collection of information. requirement in 49 CFR 383.23 for 31 knowledge and skills tests and must be SUMMARY: Before a Federal agency can medically qualified before a commercial drivers—Shintaro Moroi, Shigeru collect certain information from the license is issued. There is no data to Takamatsu, Norio Takeda, Takeshi public, it must receive approval from Yamagishi, Satoru Amemiya, Toshiya suggest that a driver’s ability to control the Office of Management and Budget Asari, Yasunori Fujita, Shiro Fukuda, and maneuver a vehicle in traffic would (OMB). Under procedures established Tetsuya Hiromatsu, Kazunori Ligo, be contingent upon the placement of the by the Paperwork Reduction Act of Masao Inoue, Akihuro Kashiwakura, steering wheel in the vehicle. These 1995, before seeking OMB approval, Kinya Kitamura, Tsuyoshi Koyama, drivers have demonstrated that they can Federal agencies must solicit public Takao Kudo, Wataru Kumakura, safely operate a CMV with the steering comment on proposed collections of Yoshihiko Matsubara, Nobuyuki wheel on the right-side of the vehicle information, including extensions and Miyazaki, Ryo Natsume, Motoki Nishi, and there is no data to indicate they reinstatement of previously approved Takuo Nishi, Fumio Oota, Masuru Otsu, would be less safe operating CMVs with collections. Toshimitsu Sato, Kazuyoshi the steering wheel on the left-side of the This document describes an existing Shimamura, Masahito Suzuki, Yasuhito vehicle. Alternatively, drivers of certain collection of information for Federal Tahara, Hiroyoshi Takahashi, Takashi types of refuse trucks operated in Motor Vehicle Safety Standard (FMVSS) Tanabe, Takehito Yaguchi, and Tsutomu residential neighborhoods in the U.S. No. 213, ‘‘Child restraint systems,’’ for Yamazaki—to test-drive CMVs within drive vehicles with dual steering wheels which NHTSA intends to seek OMB the United States, subject to the to enable them to steer from either the approval. left-or the right-side to expedite the following terms and conditions: (1) That collection of garbage. There has been no these drivers will be subject to drug and DATES: You should submit your indication that U.S. drivers are less safe alcohol testing, (2) that these drivers are comments early enough to ensure that when they operate refuse trucks from subject to the same driver Docket Management receives them not the right-side driving position versus disqualification rules under 49 CFR 383 later than December 15, 2003. the left-side. and 391 that apply to other CMV drivers ADDRESSES: You may submit comments in the U.S., (3) that these drivers keep [identified by DOT DMS Docket Number Basis for FMCSA’s Determination a copy of the exemption on the vehicle NHTSA –2003–16162] by any of the The agency has determined that it is at all times, (4) that Isuzu notify FMCSA following methods: in the public’s interest to grant these in writing of any accident involvement • Web site: http://dms.dot.gov. exemptions because the drivers are over by a driver as defined in 49 CFR 390.5 Follow the instructions for submitting the age of 21 years, hold currently valid and, (5) that Isuzu notify FMCSA in comments on the DOT electronic docket Japanese CDLs that allow them to drive writing if any driver is convicted of site.

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• Fax: 1–202–493–2251. (ii) The accuracy of the agency’s the functions of the Department, • Mail: Docket Management Facility; estimate of the burden of the proposed including whether the information will U.S. Department of Transportation, 400 collection of information, including the have practical utility; the accuracy of Seventh Street, SW., Nassif Building, validity of the methodology and the Department’s estimate of the burden Room PL–401, Washington, DC 20590– assumptions used; of the proposed information collection; 0003. (iii) How to enhance the quality, ways to enhance the quality, utility, and • Hand Delivery: Room PL–401 on utility, and clarity of the information to clarity of the information to be the plaza level of the Nassif Building, be collected; collected; and ways to minimize the 400 Seventh Street, SW., Washington, (iv) How to minimize the burden of burden of the collection of information DC, between 9 am and 5 pm, Monday the collection of information on those on respondents, including the use of through Friday, except Federal who are to respond, including the use automated collection techniques or Holidays. of appropriate automated, electronic, other forms of information technology. • Federal eRulemaking Portal: Go to mechanical, or other technological Issued on October 9, 2003. http://www.regulations.gov. Follow the collection techniques or other forms of Stephen R. Kratzke, online instructions for submitting information technology, e.g. permitting comments. electronic submission of responses. Associate Administrator for Rulemaking. Instructions: All submissions must In compliance with these [FR Doc. 03–26091 Filed 10–15–03; 8:45 am] include the agency name and docket requirements, NHTSA asks for public BILLING CODE 4910–59–P number for this collection. It is comments on the following proposed requested, but not required, that two collection of information: copies of the comments be provided. Title: 49 CFR 571.213, ‘‘Child DEPARTMENT OF TRANSPORTATION Restraint Systems’’. Note that all comments received will be National Highway Traffic Safety OMB Control Number: 2127–0511. posted without change to http:// Administration dms.dot.gov, including any personal Affected Public: Business. Abstract: Manufacturers are required information provided. Please see the Reports, Forms and Record Keeping to provide owner registration cards and Privacy Act heading under Regulatory Requirements; Agency Information to label each child restraint system with Notices. Collection Activity Under OMB Review Docket: For access to the docket to a message informing users of the read background documents or importance of registering the restraint AGENCY: National Highway Traffic comments received, go to http:// with the manufacturer. The owner Safety Administration, DOT. dms.dot.gov at any time or to Room PL– registration information is then retained ACTION: Notice. 401 on the plaza level of the Nassif in the event that owners need to be SUMMARY: In compliance with the Building, 400 Seventh Street, SW., contacted for recall or replacement Paperwork Reduction Act of 1995 (44 Washington, DC, between 9 am and 5 campaigns. The manufacturer is also U.S.C. 3501 et seq.), this notice pm, Monday through Friday, except required to provide a printed announces that the Information Federal holidays. instructions brochure with step-by-step information on how the restraint is to be Collection Request (ICR) abstracted FOR FURTHER INFORMATION CONTACT: used. Without proper use, the below has been forwarded to the Office Complete copies of each request for of Management and Budget (OMB) for collection of information may be effectiveness of these systems is greatly diminished. Each child restraint system review and comment. The ICR describes obtained at no charge from Mr. Michael the nature of the information collections Huntley, NHTSA, 400 Seventh Street, must also have a permanent label. A permanently attached label gives quick- and their expected burden. The Federal SW., Room 5320, NVS–113, Register Notice with a 60-day comment Washington, DC 20590. look information on whether the restraint meets the safety requirements, period was published on June 12, 2003 Mr. Huntley’s telephone number is recommended installation and use, and [68 FR 35253–35254]. (202) 366–0029. Please identify the warnings against misuse. DATES: Comments must be submitted on relevant collection of information by Estimated Annual Burden: 90,000 or before November 17, 2003. referring to its OMB Control Number. hours. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Under the Number of Respondents: 15. Marvin Levy, Ph.D. at the National Paperwork Reduction Act of 1995, Currently, approximately 15 Highway Traffic Safety Administration, before an agency submits a proposed manufacturers produce, on average, a Office of Research and Technology collection of information to OMB for total of approximately 4,500,000 child (NTI–131), 202–366–5597, 400 Seventh approval, it must first publish a restraints per year. The agency estimates Street, SW, Room 5319, Washington, DC document in the Federal Register that manufacturers use a total of 0.02 20590. providing a 60-day comment period and hours per response. The estimated SUPPLEMENTARY INFORMATION: otherwise consult with members of the annual burden hour is 90,000 hours. public and affected agencies concerning This number reflects the total responses National Highway Traffic Safety each proposed collection of information. (4,500,000) times the total hours per Administration The OMB has promulgated regulations response (0.02). Prior years’ information Title: National Survey of Drinking and describing what must be included in indicates that it takes an average of Driving Attitudes and Behavior. such a document. Under OMB’s $20.00 per hour for professional/clerical OMB Number: 2127—New. regulation (at 5 CFR 1320.8(d)), an personnel to collect the information for Type of Request: New Collection. agency must ask for public comment on Standard No. 213. Therefore, the agency Abstract: Recent data show an the following: estimates that the cost associated with increase in alcohol-related crashes. In (i) Whether the proposed collection of the burden hours is $1,800,000 ($20.00 1999, 16,572 persons were killed in information is necessary for the proper per hour x 90,000 burden hours). alcohol-related crashes; in 2000, it rose performance of the functions of the Comments are invited on: whether the to 17,380 and for 2001, it rose again to agency, including whether the proposed collection of information is 17,448 deaths. Based on this alarming information will have practical utility; necessary for the proper performance of trend, the NHTSA Administrator has

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made it an agency goal to reduce the DEPARTMENT OF TRANSPORTATION with two other bureaus, the Southern death rate, from 0.63 to 0.53 deaths per Motor Carriers Rate Conference, Inc., 100-million vehicle miles traveled. In Surface Transportation Board and the Rocky Mountain Motor Tariff Bureau, Inc. order to plan and evaluate programs [STB Section 5a Application No. 45 intended to reduce alcohol-impaired (Amendment No. 17)] The Board tentatively concludes that driving, NHTSA needs to periodically the amendments are minor and are update its knowledge and Niagara Frontier Tariff Bureau, Inc.— consistent with the statutory understanding of the public’s attitudes Agreement requirements of 49 U.S.C. 13703. and behaviors with respect to drinking Accordingly, these minor amendments By application filed on July 25, 2003, will be approved if no adverse and driving . The proposed survey, the the Niagara Frontier Tariff Bureau, Inc. seventh in this series of biennial comments are timely filed. Because the (NFTB) seeks approval of two categories issues involving the amendments surveys, will be administered by of changes to its collective ratemaking required by the Board in the EC–MAC telephone to a national probability agreement: (1) amendments that appear proceeding have been fully addressed in sample of the driving-age public (aged 1 to be minor; and (2) amendments that that proceeding, the Board is not 16 years or older as of their last are designed to conform to the Board’s seeking comments on them here. birthday). decisions in EC–MAC Motor Carrier By this notice, the Board is giving the The findings from this proposed Service Association, Inc., et al., Section public an opportunity to comment on collection will assist NHTSA in 5a Application No. 118 (Sub-No. 2), et the minor changes proposed by NFTB. addressing the problem of alcohol- al. (EC–MAC).2 An original and 10 copies of any impaired driving and in formulating The minor amendments proposed by comments, referring to STB Section 5a programs and recommendations to NFTB include: (1) A change in the name Application No. 45 (Amendment No. Congress. NHTSA will use the findings of the organization to North American 17), must be sent to: Surface to help focus future programs and Transportation Council, Inc., with an Transportation Board, 1925 K Street, activities to achieve improved office located in Ontario, Canada; (2) a NW., Washington, DC 20423–0001. In efficiencies and outcomes. Also, non-substantive rewording of the addition, one copy of any comments services to be provided by the comparisons with previous surveys will filed with the Board must also be served organization; (3) changes to reflect be made. on applicant’s representative: David J. statutory revisions; (4) a reduction in Sirgey, North American Transportation Affected Public: Individuals or the quorum required to take action; (5) Council, Inc., P.O. Box 548, Buffalo, NY households. rates and rules no longer to be discussed 14225–0548. Estimated Total Annual Burden: at special meetings or annual meetings; NFTB must provide a copy of its 1,800 hours. (6) membership class of ‘‘participating’’ application on request to members of carriers eliminated (all carriers to be the public. A copy of the application, as ADDRESSES: Send comments, within 30 members); (7) new membership class of well as Board decisions and notices, days, to the Office of Information and associate membership for noncarrier also is available on the Board’s Web site Regulatory affairs, Office of entities established; (8) changes in titles at http://www.stb.dot.gov. Management and Budget, 725–17th of officers; (9) ‘‘Rate and Tariff Comments must be filed with the Street, NW., Washington, DC 20503, Agreement’’ provisions to be eliminated Surface Transportation Board by Attention NHTSA Desk Officer. as no longer required; (10) changes in November 17, 2003. NFTB’s reply to any Comments are invited on: Whether ‘‘Rate Procedure’’ provisions so as to comments is due by December 1, 2003. the proposed collection of information eliminate time requirements and other For more information, contact Joseph is necessary for the proper performance provisions that no longer apply, to H. Dettmar, (202) 565–1609. [Assistance of the functions of the Department, reduce notice requirements for for the hearing impaired is available including whether the information will meetings, to combine committees, and through the Federal Information Relay to eliminate certain provisions have practical utility; the accuracy of Service (FIRS): 1–800–877–8339.] governing independent rate action; and the Departments estimate of the burden Decided: October 9, 2003. (11) changes to eliminate agreements of the proposed information collection; By the Board, Chairman Nober. ways to enhance the quality, utility and 1 By application filed on December 14, 1998, in Vernon A. Williams, clarity of the information to be Niagara Frontier Tariff Bureau, Inc., Section 5a Secretary. collected; and ways to minimize the Application No. 45 (Sub-No. 16), NFTB applied for [FR Doc. 03–26132 Filed 10–15–03; 8:45 am] renewal of its agreement without change. The minor burden of the collection of information amendments proposed in the instant proceeding BILLING CODE 4915–00–P on respondents, including the use of apply to NFTB’s renewed agreement. automated collection techniques or 2 There, the Board has been considering renewal other forms of information technology. of the collective ratemaking agreements of NFTB DEPARTMENT OF TRANSPORTATION A Comment to OMB is most effective if and other bureaus. In decisions served on March 27, 2003, and November 20, 2001, the Board renewed Surface Transportation Board OMB receives it within 30 days of its approval of the bureau agreements, subject to publication. three conditions. First, the bureaus were directed to [STB Finance Docket No. 34341] propose amendment of their agreements to require Marilena Amoni, bureau members to give the truth-in-rates notice Wheeling & Lake Erie Railway described in those decisions when they list rates or Associate Administrator, Program otherwise give a rate quote that references a Company—Acquisition and Operation Development and Delivery. collectively set rate. Second, the bureaus were Exemption—CSX Transportation, Inc. [FR Doc. 03–26092 Filed 10–15–03; 8:45 am] directed to submit the range-of-discount information specified in the decisions. Third, By petition filed on August 1, 2003, BILLING CODE 4910–15–P bureau agreements must require members to certify Wheeling & Lake Erie Railway Company that they will not apply a loss-of-discount provision that would reinstate the collectively set rate as a (W&LE) seeks an exemption pursuant to penalty for late payment. NFTB’s proposed 49 U.S.C. 10502 from the prior approval amendments implement these conditions. requirements of 49 U.S.C. 10902 to

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acquire the rail freight operating CSXT retained an exclusive rail freight An exemption from the prior approval easement of CSX Transportation, Inc. easement over all three segments, requirements of 49 U.S.C. 10902 is (CSXT) over a 17.77-mile rail line subject to W&LE’s pre-existing lease of warranted under the standards of 49 between approximately milepost 15.93 the Canton-Aultman segment. Also as U.S.C. 10502. Detailed scrutiny of this at Canton, OH, and approximately part of that transaction, CSXT agreed to transaction is not necessary to carry out milepost 33.70 at Krumroy, OH (the transfer its freight easement over the the rail transportation policy. An Canton Line), owned by Metro Regional Canton Line to METRO or its designee. exemption from the application process Transit Authority (METRO). The According to W&LE, METRO will minimize the need for Federal petition will be granted subject to designated it to receive the rail freight regulatory control [49 U.S.C. 10101(2)], employee protective conditions. easement over the Canton Line from foster sound economic conditions in CSXT. Therefore, pursuant to a July 1, transportation [49 U.S.C. 10101(5)], Background 2003 Purchase and Sale Agreement reduce regulatory barriers to entry into The Canton Line consists of two between W&LE and CSXT, W&LE and exit from the rail industry [49 segments—the Canton-Aultman proposes to acquire CSXT’s rail freight U.S.C. 10101(7)], and encourage segment, which extends from easement over the Canton Line. Under efficient management of railroads [49 approximately milepost 15.93 at Canton the agreement, W&LE will continue to U.S.C. 10101(9)]. Other aspects of the to approximately milepost 25.55 at provide service to shippers on the rail transportation policy will not be Aultman, OH, and the Aultman- Canton-Aultman segment in the same adversely affected. Krumroy segment, which extends from manner that it does today. As to the Regulation of this transaction is not approximately milepost 25.55 at Aultman-Krumroy segment, W&LE will needed to protect shippers from the Aultman to approximately milepost acquire CSXT’s freight operating rights abuse of market power. W&LE has stated 33.70 at Krumroy. and obligations on that segment in its that shippers will continue to have the In 1992, W&LE, a Class II carrier, current, discontinued state, and will same service options that they have leased from CSXT an approximately seek further, appropriate Board now. Indeed, no shipper has opposed 10.25-mile segment extending north authority should W&LE wish to the transaction. Nevertheless, to ensure from Canton to Aultman.1 In 1997, reinstate rail freight operations thereon that shippers are informed of the CSXT abandoned, and W&LE in the future. Board’s actions here, W&LE will be discontinued service over, a short W&LE currently provides rail service required to serve all shippers on the line on the Canton-Aultman segment segment of this leased line in Canton.2 with a copy of this decision within 5 approximately two days per week. No The part of this line that CSXT retained days after its service date and to certify other carrier provides rail freight service constitutes the Canton-Aultman to the Board that it has done so. Given on that segment. Approximately four segment involved in this proceeding. In this market power finding, it is not active shippers exist on the segment, 1993, CSXT discontinued service over, necessary to determine whether the accounting for approximately 340 but did not abandon, the Aultman- transaction is limited in scope. Krumroy segment.3 No rail freight carloads per year of kaolin clay, synthetic rubber, lumber, plastics, and Under 49 U.S.C. 10502(g), the Board service of any kind has been conducted may not use its exemption authority to on this segment since the other commodities. According to W&LE, this transaction relieve a rail carrier of its statutory discontinuance.4 In May 2000, CSXT will not change existing rail freight obligation to protect the interests of sold to METRO the assets of the Canton operations or service. W&LE states that employees. Accordingly, as a condition Line and a segment of rail line it will simply become the owner rather to granting this exemption, the extending from Krumroy north to than the lessee of the freight common employee protective conditions set forth Akron, OH.5 As part of that transaction, carrier interests in the rail line on which in Wisconsin Central Ltd.—Acquisition it has operated since 1992, thereby Exem.—Union Pac. RR, 2 S.T.B. 218 1 Also in that transaction, W&LE purchased from (1997), rev’d in part sub nom. CSXT an approximately 12.26-mile rail line enhancing effective rail management extending south from Canton to Sandyville, OH. and the long-term stability of its Association of American Railroads v. See Wheeling & Lake Erie Railway Company— operations.6 Surface Transp. Bd, 162 F.3d 101 (DC Lease, Purchase and Operation Exemption—CSX Cir. 1998), will be imposed. Transportation, Inc., Finance Docket No. 32083 Discussion and Conclusions This transaction is exempt from (ICC served Oct. 15, 1992). 2 See CSX Transportation, Inc.—Abandonment Under 49 U.S.C. 10502, the Board environmental reporting requirements Exemption—In Stark County, OH, STB Docket No. must exempt a transaction or service under 49 CFR 1105.6(c) and from AB–55 (Sub-No. 535X) (STB served Apr. 1, 1997). from regulation upon finding that: (1) historic reporting requirements under Following the abandonment and discontinuance of Regulation is not necessary to carry out 49 CFR 1105.8(b). this short segment, W&LE reached the current Canton-Aultman segment via trackage rights over the rail transportation policy of 49 This action will not significantly the Reed Runner track and via the former wye track U.S.C. 10101; and (2) either (a) the affect either the quality of the human leased from CSXT at McKinley, OH. transaction or service is of limited environment or the conservation of 3 See CSX Transportation, Inc.—Abandonment scope, or (b) regulation is not needed to energy resources. Exemption—Summit County, OH, Docket No. AB– protect shippers from the abuse of It is ordered: 55 (Sub-No. 447X) (ICC served Jan. 12, 1993). 4 W&LE states that, although no freight service market power. 1. Under 49 U.S.C. 10502, the above- has been provided on this segment for 10 years, the described transaction is exempted from track remains in place and is expected to be utilized Metro Regional Transit Authority—Acquisition the prior approval requirements of 49 for the operation of excursion trains and commuter Exemption—CSX Transportation, Inc., STB Finance U.S.C. 10902, subject to the employee passenger service under the auspices of METRO. Docket No. 33838 (STB served June 23, 2000). A 5 On May 24, 2000, METRO filed a verified notice separate Board decision will address that motion. protective conditions set forth in of exemption for authority to acquire the assets of 6 In a prior decision in this proceeding, the Board Wisconsin Central Ltd.—Acquisition all three segments from CSXT. It simultaneously granted W&LE a waiver of the 60-day labor notice Exem.—Union Pac. RR, 2 S.T.B. 218 filed a motion to dismiss the notice of exemption requirement of 49 CFR 1121.4(h). See Wheeling & (1997), rev’d in part sub nom. on jurisdictional grounds. On June 23, 2000, the Lake Erie Railway Company—Acquisition and Board served notice of METRO’s notice of Operation Exemption—CSX Transportation, Inc., Association of American Railroads v. exemption, indicating that the Board would address STB Finance Docket No. 34341 (STB served Sept. Surface Transp. Bd, 162 F.3d 101 (DC the motion to dismiss in a separate decision. See 2, 2003). Cir. 1998).

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2. Within 5 days of service of this SUMMARY: Section 203 of the Department ADDRESSES: Requests for the list of decision, W&LE shall serve a copy of the of Veterans Affairs Health Care names of employees on the panel and decision on all shippers on the line and Personnel Act of 1991 (Pub. L. 102–40), written comments may be directed to: certify to the Board that it has done so. dated May 7, 1991, revised the Secretary of Veterans Affairs (051E), 3. This decision will be published in disciplinary grievance and appeal Department of Veterans Affairs, 810 the Federal Register on October 16, procedures for employees appointed Vermont Avenue, NW., Washington, DC 2003. under 38 U.S.C. 7401(1). It also required 20420. Requests and comments may 4. The exemption will become the periodic designation of employees of also be faxed to (202) 273–9776. effective on November 9, 2003. the Department who are qualified to 5. Petitions to stay must be filed by serve on Disciplinary Appeals Boards. FOR FURTHER INFORMATION CONTACT: October 27, 2003. Petitions to reopen These employees constitute the Catherine Baranek, Employee Relations must be filed by November 4, 2003. Disciplinary Appeals Board panel from Specialist (051E), Office of Human Decided: October 8, 2003. which Board members in a case are Resources Management, Department of By the Board, Chairman Nober. appointed. This notice announces that Veterans Affairs, 810 Vermont Avenue, Vernon A. Williams, the roster of employees on the panel is NW., Washington, DC 20420. Ms. Baranek may be reached at (336) 631– Secretary. available for review and comment. 5019. [FR Doc. 03–26038 Filed 10–15–03; 8:45 am] Employees, employee organizations, and other interested parties shall be BILLING CODE 4915–00–P SUPPLEMENTARY INFORMATION: Public provided, without charge, a list of the Law 102–40 requires that the names of employees on the panel upon availability of the roster be posted in the DEPARTMENT OF VETERANS request and may submit comments Federal Register periodically, and not AFFAIRS concerning the suitability for service on less than annually. the panel of any employee whose name Disciplinary Appeals Board Panel is on the list. Dated: October 8, 2003. Anthony J. Principi, DATES: AGENCY: Department of Veterans Affairs Names that appear on the panel may be selected to serve on a Board or Secretary of Veterans Affairs. ACTION: Notice with request for as a grievance examiner after November [FR Doc. 03–26253 Filed 10–15–03; 8:45 am] comments. 17, 2003. BILLING CODE 8320–01–P

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Part II

Department of Homeland Security Office of the Secretary 6 CFR Part 25 Regulations Implementing the Support Anti-terrorism by Fostering Effective Technologies Act of 2002 (the SAFETY Act); Interim Rule

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DEPARTMENT OF HOMELAND between 9 a.m. and 5 p.m., Monday mail and would like to know that they SECURITY through Friday, except Federal holidays. reached the Facility, please enclose a The telephone number is 202–366– stamped, self-addressed postcard or Office of the Secretary 9329. envelope. We will consider all (5) Federal eRulemaking portal: http:/ comments and material received during 6 CFR Part 25 /www.regulations.gov. the comment period. We may change [USCG–2003–15425] You must also mail comments on this rule in view of them. collection of information to the Office of Viewing comments and document: To RIN 1601–AA15 Information and Regulatory Affairs, view comments, as well as documents Office of Management and Budget, 725 mentioned in this preamble as being Regulations Implementing the Support 17th Street, NW., Washington, DC available in the docket, go to http:// Anti-terrorism by Fostering Effective 20503, ATTN: Desk Officer, Department dms.dot.gov at any time and conduct a Technologies Act of 2002 (the SAFETY of Homeland Security. simple search using the docket number. Act) Comments and materials received You may also visit the Docket AGENCY: Office of the Secretary, from the public, as well as documents Management Facility in room PL–401 Department of Homeland Security. mentioned in this preamble as being on the Plaza level of the Nassif Building, available in the docket, are part of 400 Seventh Street, SW., Washington, ACTION: Interim rule with request for DC, between 9 a.m. and 5 p.m., Monday comments. docket USCG–2003–15425 and are available for inspection or copying from through Friday, except Federal holidays. SUMMARY: This interim rule implements the Docket Management Facility, U.S. Privacy Act: Anyone can search the Subtitle G of Title VIII of the Homeland Department of Transportation, room PL– electronic form of all comments Security Act of 2002—the Support Anti- 401, 400 Seventh Street, SW., received in the docket by the name of terrorism by Fostering Effective Washington, DC, between 9 a.m. and 5 the individual submitting the comment Technologies Act of 2002 (‘‘the SAFETY p.m., Monday through Friday except (or signing the comment, if submitted Act’’ or ‘‘the Act’’), which provides Federal holidays. You may also find this on behalf of an association, business, critical incentives for the development docket on the Internet at http:// labor union, etc.). and deployment of anti-terrorism dms.dot.gov. You may also access the Regulatory History technologies by providing liability Federal eRulemaking Portal at http:// www.regulations.gov. On July 11, 2003, we published a protections for Sellers of ‘‘qualified anti- notice of proposed rulemaking entitled terrorism technologies.’’ This rule FOR FURTHER INFORMATION CONTACT: If ‘‘Regulations Implementing the Support provides the application process by you have questions on this interim rule, Anti-Terrorism by Fostering Effective which a seller will apply for liability call Wendy Howe, Directorate of Technologies Act of 2002 (the SAFETY protections for anti-terrorism Science and Technology, Department of Act)’’ in the Federal Register (68 FR technologies. Its purpose is to facilitate Homeland Security, telephone 202– 41420). No public hearing was and promote the development and 772–9887. If you have questions on requested and none was held. As stated deployment of anti-terrorism viewing or submitting material to the in the notice of proposed rulemaking, technologies that will save lives. docket, call Dorothy Beard, Chief, we intended to implement this interim DATES: This interim rule is effective Dockets, Department of Transportation, rule as soon as possible. The October 16, 2003. Comments and related telephone 202–366–5149. Department of Homeland Security material must reach the Docket SUPPLEMENTARY INFORMATION: (Department) finds that the need to Management Facility on or before foster anti-terrorism technology by December 15, 2003. Comments sent to Public Participation and Request for instituting liability protection measures, the Office of Management and Budget Comments as soon as practicable, furnishes good (OMB) on collection of information We encourage you to participate in cause for this interim rule to take effect must reach OMB on or before December this rulemaking by submitting immediately under both the 15, 2003. comments and related materials. All Administrative Procedure Act, 5 U.S.C. ADDRESSES: Because the Department of comments received will be posted, 552(d)(3), and section 808 of the Homeland Security does not yet have without change, to http://dms.dot.gov Congressional Review Act. The electronic docketing capability, for the and will include any personal Department believes the current purposes of this rule, we are using the information you have provided. development of anti-terrorism Department of Transportation Docket Submitting comments: If you submit a technologies has been slowed due to the Management System for the U.S. Coast comment, please include your name and potential liability risks associated with Guard. You may submit comments address, identify the docket number for their development and eventual identified by Coast Guard docket this rulemaking (USCG–2003–15425), deployment. In a fully functioning number USCG–2003–15425 to the indicate the specific section of this insurance market, technology Docket Management Facility at the document to which each comment developers would be able to insure Department of Transportation. To avoid applies, and give the reason for each themselves against excessive liability duplication, please use only one of the comment. You may submit your risk; however, the terrorism risk following methods: comments and material by electronic insurance market appears to be in (1) Web site: http://dms.dot.gov. means, mail, fax, or delivery to the disequilibrium. The attacks of (2) Mail: Docket Management Facility, Docket Management Facility at the September 11 fundamentally changed U.S. Department of Transportation, 400 address under ADDRESSES; but please the landscape of terrorism insurance. Seventh Street, SW., Washington, DC submit your comments and material by Congress, in its statement of findings 20590–0001. only one means. If you submit them by and purpose in the Terrorism Risk (3) Fax: 202–493–2251. mail or delivery, submit them in an Insurance Act of 2002 (‘‘TRIA’’), (4) Delivery: Room PL–401 on the unbound format, no larger than 81⁄2 by concluded that temporary financial Plaza level of the Nassif Building, 400 11 inches, suitable for copying and assistance in the insurance market is Seventh Street, SW., Washington, DC, electronic filing. If you submit them by needed to ‘‘allow for a transitional

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period for the private markets to Discussion of Comments and Changes because of the rapidly evolving threat stabilize, resume pricing of such The Department received 43 different environment and the lack of basic insurance, and build capacity to absorb sets of comments on the proposed rule standards for many classes of any future losses * * *.’’ TRIA during the comment period. Two technologies, it is not in the best interest § 101(b)(2). additional sets of comments were of the nation—and particularly of the The United States remains at risk to received on August 12, 2003, the day emergency response community—to terrorist attacks. It is in the public’s after the comment period ended, but in delay standard development activities. interest to have this interim rule view of the relatively brief comment The Department also understands, effective immediately because its aim is period (30 days), the Department has however, that there is a continuing need for flexibility in the technical evaluation to foster the development and decided to accept those comments as criteria under the SAFETY Act, and deployment of anti-terrorism well. The Department has considered all accordingly the Department will apply technologies. Additionally, this interim of the aforementioned 45 sets of standards in SAFETY Act evaluations rule will clarify to the greatest extent comments, and summaries of the only to the extent that they are possible the application of the liability comments and the Department’s applicable to a particular technology protections created by the SAFETY Act, responses follow. thus providing an instant incentive for and the circumstances of its proposed prospective applicants to apply for its Applicability and Use of Standards deployment. For those technologies protections and for others to begin The Department received a total of 24 without applicable standards (or with exploring new measures that will comments relating to references to incomplete standards), additional prevent or reduce acts of terrorism. The standards in the proposed rule. A methods of evaluation will be used, interim rule will also provide the change in the term ‘‘safety and such as best practices, existing Department with sufficient program effectiveness standards,’’ used in laboratory or field testing, etc. It will be highly desirable to use test information, flexibility to address the specific Section 25.3(c) of the proposed rule, to where appropriate, from independent, circumstances of each particular request the industry accepted term ‘‘technical accredited laboratories. The Department for SAFETY Act coverage. The standards,’’ was suggested and has been has also initiated a program to establish application process is interactive. Those implemented in Section 25.3(c) of the a network of certified labs that should persons availing themselves of the interim rule. A number of comments address this need. protections afforded in this interim rule were made regarding the use of will also be interacting with the It will be important for SAFETY Act voluntary consensus technical standards applicants to identify applicable Department in the application process. and the advisability of ensuring that the Furthermore, the Department will standards that are appropriate to the Department provide for stakeholder specific operating environment and continue to consider comments on this participation in any standard threat conditions for any potential anti- interim rule. Since the use of the development activities. The Department terrorism technology. The degree to liability protections afforded in this recognizes the advisability of such which a proposed technology meets interim rulemaking is voluntary, there participation and has instituted a applicable standards will certainly be are no mandatory costs or burdens comprehensive program based on using used to inform the technical evaluation associated with the immediate the voluntary consensus process for the process. However, technical implementation of this rule. majority of its standard development effectiveness is only one facet of the By having these provisions in place, activities. This process is designed to criteria for issuance of a Designation or the Department may begin processing involve users, manufacturers, and a Certification. Therefore, prior approval applications for the liability protections private and public sector technical or certification by a United States and thus provide qualified Sellers of communities in all phases of standard Government agency (such as the Food anti-terrorism technologies valuable development. The American National and Drug Administration) will not be incentives to develop and sell such Standards Institute, numerous sufficient to form the basis for a technologies, as well as incentives for Standards Development Organizations, SAFETY Act Designation or others to deploy such technologies. The and the National Institute for Standards Certification per se, although such purpose of those technologies is to and Technology already have been approval or certification might detect, deter, mitigate, or assist in the actively involved in assisting the constitute relevant evidence of utility, recovery from a catastrophic act of Department in accomplishing its effectiveness, or safety, and of course terrorism. Thus, the Department finds standard development goals. Although prior use of a technology by the United that it is not only impracticable to delay the Department is vested with the States Government is expressly relevant an effective date of implementation, but authority to promulgate regulatory to the first criterion in Section 862(b)(1) it is also in the public’s interest to make standards, the circumstances under of the SAFETY Act and the the interim rule effective upon which Department regulations corresponding provision of the interim publication in the Federal Register. governing anti-terrorism technologies rule (§ 25.3(b)(1)). As previously mentioned in the are likely to be required are unusual. Section 25.3(c) of the proposed rule proposed rule, the Department does not Therefore, the Department does not stated that the Department will make intend to resolve every conceivable believe that there is a need for specific available standards that are developed programmatic issue through this interim language about rulemaking with respect for anti-terrorism technologies. This rule. Instead, this interim rule sets out to standards. service will apply only to potential a basic set of regulations that One comment suggested postponing regulatory criteria established by the implements the SAFETY Act program. standard setting activities for two years Department. As noted by several The Department will continue to in order to allow the market to stabilize. commenters, many voluntary consensus consider public comments and Other comments indicated a concern technical standards are developed and determine whether possible regarding possible prejudice against owned by private sector entities. Where supplemental regulations are needed as technologies that were not governed by voluntary consensus standards are we gain experience with implementing formally accepted standards. The identified by the Department as being the Act. Department believes, however, that applicable to anti-terrorism

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technologies, a summary of such persons and entities must be covered by SAFETY Act protections retroactively to standards may be published, along with the required insurance coverage, the deployments of a qualified anti- a link to the appropriate site for the actuarial analyses of the insurance terrorism technology that occurred prior applicant to obtain or purchase the industry should focus mainly, if not to the effective date of the Designation required or suggested standard. In exclusively, on the Seller’s potential issued for such technology. The reasons preparing applications for SAFETY Act liability, which should facilitate the are (1) there is no explicit authority to protections, however, applicants are issuance of insurance policies. issue retroactive protections under the encouraged not to limit themselves to Moreover, in this context, the provisions SAFETY Act, (2) a Designation with standards previously promulgated or of Section 864(a)(2) of the Act and the such retroactive effect would be recognized by the Department, but corresponding provision of the interim potentially unlawful if it extinguishes rather to consider and reference any rule (§ 25.4(b)), which limit the required an already accrued cause of action, (3) consensus technical standards that they insurance to no more than the retroactive designation is not necessary believe to be applicable to technology. maximum amount reasonably available to achieve, and does not further, the Several standards development from private sources on the world goals of the Act, and (4) there is no organizations suggested that voluntary market at prices and terms that will not equitable method for determining the consensus standards themselves be unreasonably distort the sales price of retroactivity of particular Designations. designated as qualified anti-terrorism Seller’s anti-terrorism technologies The Department believes that SAFETY technologies under the SAFETY Act. (which the Department intends to Act protections should apply only to Although the Department believes it is interpret with regard to the effect of the deployments of a qualified anti- unlikely that standards themselves will insurance requirement on the price of terrorism technology that occur on or qualify for a Designation because it is the technology and ultimately on the after the effective date of the unlikely that a standard will fall within demand for and deployment of the Designation issued for such technology. the definition of ‘‘qualified anti- technology for anti-terrorism purposes), The second sense of retroactivity terrorism technology’’ in the Act, the should be emphasized. It should also be relates to the date of the sale of the Department will fully evaluate all noted that the Department has revised qualified anti-terrorism technology by applications for SAFETY Act Section 25.4(a) of the interim rule to the Seller. The Department recognizes protections received from Sellers of provide specifically for the possibility of that, in some cases, technologies that standards. self-insurance if the Under Secretary qualify for SAFETY Act protections will have been sold by the Seller prior to the Scope of Required Insurance Coverage determines that insurance in appropriate amounts or of appropriate effective date of such protections. The Thirteen comments expressed types is not available for a particular Department believes that the date on concerns or confusion regarding the technology from third-party insurance which a technology was sold by a Seller, scope of required insurance coverage. carriers. per se, is not necessarily relevant to the Some commenters expressed applicability of SAFETY Act protections uncertainty regarding the definition of Term, Expiration, and Termination of to a deployment of the technology in the term ‘‘Seller,’’ the issue of who may Designation defense against, response to, or recovery be a defendant in the Federal cause of Twenty-four comments were made from an act of terrorism, provided that action prescribed in the SAFETY Act, suggesting that SAFETY Act the technology is within the scope of a and the nature of protection from Designations either should not expire or Designation and was originally sold by liability afforded to entities other than should have a longer duration (10–20 the Seller to which the Designation is the ‘‘Seller’’ in the manufacturing and years) than provided for in the proposed issued. In other words, it might be distribution chains of the technology. In rule (five to eight years). In response, appropriate for SAFETY Act protections response, the Department has revised the Department notes that qualification to be applicable to any deployment of a the definition of ‘‘Seller’’ in Section 25.9 for a SAFETY Act Designation depends qualified anti-terrorism technology that of the interim rule in order to clarify on a combination of the ability of the occurs on or after the effective date of that the ‘‘Seller’’ is the actual recipient technology to be effective in a specific the Designation issued for such of the Designation for a qualified anti- threat environment, the nature and cost technology even if such technology was terrorism technology. The Department of available insurance, and other factors, originally sold by the Seller before the has also revised Section 25.4(a) of the all of which are subject to rapid and effective date of such Designation. The interim rule to clarify that only the unpredictable change. At the same time, Department believes that any other Seller is required to obtain the required the Department is very cognizant of the interpretation would lead to anomalous liability insurance coverage. need for a guaranteed period of and inequitable results. Therefore, Concern was expressed regarding the protection for successful SAFETY Act provisions have been added to Sections availability of insurance covering all of applicants in order to achieve the main 25.3(f), 25.4(f), 25.6(b), and 25.7(g) of the parties specified in Section 864(a)(3) goal of the Act, which is to facilitate the the interim rule to clarify this issue, and of the SAFETY Act and the commercialization of needed anti- in particular to require the Under corresponding provision in the interim terrorism technologies. The Department Secretary to specify in each Designation rule (§ 25.4(c)). First, under the believes that mandatory reconsideration and Certification the earliest date of the interpretation of Section 863 of the Act of Designations after five to eight years sale of the technology to which the expressed by the Department in the provides a fair balancing of public and protections will apply. preamble of the interim rule, (1) there is private interests. The Department notes that many one exclusive Federal cause of action for Several comments suggested that qualified anti-terrorism technologies claims relating to the deployment of a SAFETY Act protections should have might be designed for continuous qualified anti-terrorism technology with retroactive effect. There are two ‘‘deployment’’ (e.g., sensors). The fact respect to an act of terrorism, and (2) different senses of retroactivity that that a qualified anti-terrorism such cause of action may be brought must be addressed. The first sense technology was sold and ‘‘deployed’’ only against the Seller, and only for relates to the deployment of a prior to the effective date of an injuries proximately caused by the technology. The Department believes applicable Designation or Certification, Seller. Therefore, although other that it would be inappropriate to apply or is, in a sense, continuously

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‘‘deployed,’’ should not prevent such to their technologies prior to actual utility and effectiveness’’ and ‘‘studies protections from applying to any commercialization, and the Department * * * to assess the capability of the deployment of such technology that will take advantage of those same technology to substantially reduce risks occurs on or after the effective date of methods in its evaluation. of harm.’’ Similarly, qualified Sellers of the applicable Designation or service-based technologies must satisfy Confidentiality of Information Certification in defense against, the same post-Designation obligations as response to, or recovery from any act of Seventeen commenters indicated a Sellers of products. These obligations terrorism. concern regarding the Department’s include reporting insurance status, ability to protect the confidentiality of notifying the Secretary of any transfer or Termination of a Designation Resulting information that is provided in an licensing of the designated technology, From Significant Modification application. In particular, there is and applying for modification of a Several comments expressed concern apprehension that the Freedom of Designation prior to making any regarding Section 25.5(i) of the Information Act (FOIA) protections significant change to the designated proposed rule, which provided for might be inadequate to guarantee technology. Appropriate revisions have automatic termination if a designated nondisclosure of an applicant’s trade been made to Section 25.5(i) and other technology is significantly modified or secrets or confidential business provisions of the interim rule to clarify changed as defined in that provision. information. It was suggested that their applicability to services. The concern was essentially that the explicit protections similar to those Transfer or licensing of Designations standard for termination is too vague, available for source selection or for products and, in particular, services although at least one commenter procurement information under FAR may not be appropriate, since the opposed automatic termination for any section 3, or a declaration that all identity and established expertise of the reason. financial information provided is Seller is often be an integral basis for a It is vital that the Department be able deemed voluntary, or both, be included Designation. That issue will be to ensure that technologies for which in the interim rule. addressed in appropriate cases in protections are granted are not changed The Department is committed to the individual Designations, as provided in in a way that will significantly affect protection of applicants’ proprietary Section 25.3(f) of the interim rule. their safety or effectiveness. The information to the fullest extent Department does not have the ability to required or permitted by law. Although Determining the Required Amount of monitor every change to a designated the interim rule does not establish any Insurance technology, however, and therefore the new special protections (such as those A number of commenters discussed interim rule must place the burden on in section 3 of the FAR), there are the potential difficulty of determining Sellers to submit proposed changes to multiple protections available for the amounts of insurance that must be the Department so that they may be applicants’ sensitive information. Those carried to satisfy claims arising out of, properly evaluated. protections include the Trade Secrets relating to, or resulting from an act of That said, the Department agrees with Act (18 U.S.C. 1905), Exemption 1 terrorism with respect to which one of the comments that suggested that (‘‘national security’’) of FOIA, and qualified anti-terrorism technologies only changes that significantly reduce Exemption 4 (‘‘privileged or have been deployed. Issues revolve the safety or effectiveness of the confidential information’’) of FOIA. In around concern that most liability technology should be subject to particular, Federal employees are insurance is not purchased product-by- automatic termination, and Section subject to criminal penalties for product, so that it might be difficult to 25.5(i) of the interim rule has been unauthorized disclosure of information estimate the ‘‘price distortion’’ caused revised accordingly. In addition, that qualifying under Exemption 4 of FOIA. by needing to insure a proposed new Section has been revised to authorize All contractors or other agents of the product or service. It was also suggested the Under Secretary, in lieu of issuing Secretary will be required to enter into that there is a circular dependency a modified Designation, to issue a nondisclosure agreements, and each between insurance costs and certificate to a Seller that certifies that will be examined on an Application-by- Designation: i.e., the cost of insurance a proposed change or modification to a Application basis for potential conflicts depends on the liability exposure, technology does not significantly reduce of interest, before being granted access which depends on the content of the its safety or effectiveness and reaffirms to any confidential information Designation (if any), which in turn the applicability of the existing provided by applicants. depends on the cost of insurance. There Designation to the technology. That was also concern expressed that option should enable the Under Services as Distinguished From insurance is not available at any price Secretary to respond swiftly to Products for certain technologies. submissions of relatively minor Fourteen comments expressed The Department is aware of the changes. The Department strongly concerns that the language in the difficulties involved in quantifying the encourages holders of Designations to proposed rule did not make clear how price impact of insuring (or self- submit to the Under Secretary any certain provisions of the SAFETY Act insuring) against the specific potential proposed modifications or changes that will apply to services, as opposed to liabilities addressed by the Act. The could significantly reduce the safety or physical products. The Department Department will rely on expert opinion effectiveness of the designated recognizes that the Act applies equally and analysis in this area, as it will with technology. to product-based technologies and technical determinations of safety and One commenter wondered how the service-based technologies. effectiveness. The Department will Department will evaluate a proposed The Department will evaluate services address the potential circularity issue by change in advance when the factors to and products using the same seven non- evaluating the need for SAFETY Act be evaluated would seem to require exclusive criteria set forth in Section protections assuming the non-existence actual ‘‘implementation’’ of the change. 862(b) and the corresponding provision of such protections, and then setting the The Department is confident that Sellers in the interim rule (§ 25.3(b)), as required amount of insurance by taking will have effective methods to evaluate required by the Act. These criteria into account all relevant factors, the safety and effectiveness of changes include ‘‘demonstrated substantial including the cost and availability of

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insurance coverage at different liability deployments of technologies that notes that the definition of ‘‘act of limitation levels. receive a Certification, provided that the terrorism’’ was prescribed by Congress Regarding potential unavailability of sale of the technology was in the SAFETY Act. The Department insurance for certain technologies, the consummated by the Seller prior to the believes that the definition in the Act Department notes that the granting of a expiration or termination of the provides an appropriate degree of Designation may render a previously applicable Certification. flexibility in the evolving threat uninsurable technology insurable environment, including the use of the Relationship of the SAFETY Act and through reduction of liability exposure. broad term ‘‘harm.’’ Regarding the Indemnification Under Public Law 85– Where necessary to address comment concerning whether acts that 804 unavailability of insurance, however, occur on foreign territory are covered by Designations may be granted that permit Thirteen comments related to the the definition, the Department’s view is the insurance requirement to be relationship between SAFETY Act that the term ‘‘act of terrorism,’’ as satisfied by self-insurance up to a protections and indemnification under defined, potentially encompasses acts specified limit of liability. A new Public Law 85–804. The Department that occur outside the territory of the Section 25.4(f) and other provisions believes, however, that the language United States. The basis for that view is have been inserted in the interim rule to contained in part 8 of the ‘‘Special that there is no geographic requirement address this issue, as well as the Issues’’ section of the preamble of the in the definition; rather, an act that continuing applicability of SAFETY Act interim rule adequately explains such occurs anywhere may be covered if it protections after the expiration or relationship, and makes it clear that causes harm to a person, property, or an termination of a Designation (which had eligibility for a SAFETY Act Designation entity in the United States. The been addressed in the proposed rule does not preclude the granting of statutory definition of ‘‘act of terrorism’’ only in the preamble). indemnification under Public Law 85– has been added to Section 25.9 of the 804. Clarification of Government Contractor interim rule. Defense (GCD) Detailed Specification of the Seller, Determinations Not Subject to Review or The precise nature and consequences Technology, and Scope of a Designation Appeal of the GCD as applied by the Act were Twenty comments focused on the Five commenters observed that the considered by 14 commenters to be detailed specification of the Seller, SAFETY Act Designation and unclear in the proposed rule. In technology, and scope of a Designation. Certification processes are complex and particular, the interaction between the Commenters suggested that there are that many apparently subjective scope of the judicially derived GCD and advantages to the public, to industry, assessments will be made during the the scope of the presumption defined in and to the application evaluation evaluation process. They were the Act was believed to be unclear. process in designating entire classes of concerned that the Secretary’s decision As defined in the Act, the rebuttable technology, rather than designating each is final, without recourse or appeal. presumption of the applicability of the Seller of a technology individually. Some commenters suggested that the GCD is accorded to any Seller who (1) The Department seeks to balance the Administrative Procedures Act (APA) has received Certification as described need for rapid deployment of anti- requires a formal review as part of the in Section 863(d), and (2) is the terrorism technologies with the need for process. defendant in the Federal cause of action careful evaluation of each technology The Department is aware of the arising in Section 863(a). Pursuant to and the need to avoid uncertainty in the complexity of the review process and Section 863(d)(1), the presumption may marketplace concerning which specific has made numerous allowances for only be overcome by evidence showing product or service deployments are exchange of information and concerns that the Seller acted fraudulently or protected by Designation. In general, between evaluators and applicants at with willful misconduct in submitting Designations will be restricted in scope multiple points during the process, in information during the SAFETY Act to a particular Seller, a specific product order to clarify uncertainties and to give application process. or service, and delineated types of the applicant an opportunity to provide The view of the Department is that the deployment or application. This supplemental information and address GCD protections afforded by the approach addresses the comment that it issues. The Department believes that SAFETY Act to recipients of is beneficial to the public to be able to this interactive process provides Certifications are similar to those learn precisely which Sellers and which sufficient recourse to applicants. The affirmed by the courts in Boyle v. United of their products/services have been SAFETY Act is a discretionary authority Technologies and its progeny as of the designated, and for what scope of accorded by Congress to the Secretary of date of the enactment of the SAFETY deployment. At some in the near future, Homeland Security in order to facilitate Act. In applying those protections, the as relevant standards are adopted and the commercialization and deployment Department believes that Congress the body of ‘‘substantially equivalent’’ of needed anti-terrorism technologies. intended that, for purposes of applying technologies increases, the Department The exercise of that authority with the GCD, courts presume that all of the will revisit the advisability of awarding respect to a particular technology legal and factual requirements for broader Designations (‘‘Block requires that many discretionary establishment of the GCD by a Designations’’) to classes of technology. judgments be made regarding the government contractor are met by the applicability and application of the existence of an applicable SAFETY Act Definition of ‘‘Act of Terrorism’’ SAFETY Act criteria to the technology Certification. Ten comments indicated a belief that and the weighting of the criteria in each The Department has added a new the definition of ‘‘act of terrorism’’ in case. It would be inappropriate to paragraph to Section 25.6 of the interim Section 865(2) of the Act (and in Section provide for what would amount to the rule that corresponds to Section 25.9 of the interim rule) is ambiguous. second-guessing of the Secretary’s 863(d)(1) of the Act. Such new One suggested that the definition discretionary judgment by empowering paragraph makes it clear that the coincide with other federal definitions another entity to substitute its own presumption of the GCD will continue of ‘‘terrorism,’’ such as the definition in discretionary judgment for that of the to apply in perpetuity to all 22 U.S.C. 2656f(d)(2). The Department Secretary.

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SAFETY Act protections are not Relationship of Designation and Expedited Reviews required to market any technology, and Certification Processes Thirteen comments expressed a desire therefore the absence of a grant of Three comments addressed the for the Department to provide expedited protection under the SAFETY Act will reviews for specific technologies based not prevent any person or entity from linkage of the Designation and Certification processes. The Department on various criteria. The approach of the doing business. The Department also Department will be to prioritize and notes that a SAFETY Act Designation is believes that it is appropriate for these two aspects of the Act to remain closely expedite SAFETY Act applications in not a ‘‘license required by law’’ within order to ensure that the highest risk the meaning of Section 558(c) of the aligned, and that the SAFETY Act indeed requires the issuance of a vulnerabilities to the highest APA, and thus is not covered by the consequence threats are addressed first. APA. Designation for a technology to be a prerequisite (but not sufficient in itself) In general, the Department will expedite Allowability of Insurance Costs for issuance of a Certification. The same reviews of SAFETY Act applications as its resources allow. Four comments questioned whether high standard of review will be applied the cost of maintaining the insurance to evaluations for Designations and Reciprocal Waivers Certifications, and a substantial amount required by a SAFETY Act Designation Several comments stated that is an ‘‘allowable cost’’ under Federal of the information that is needed to evaluate applications for Designations is reciprocal waivers of the type described contracting practices. The Department in the Act (reciprocal waivers of claims notes that each Federal procurement also integral to the Certification process (although there is additional by the specified parties for losses and contracting arrangement is unique sustained by them or their employees to the Federal agency involved. When information required to support the evaluation for a Certification). The arising from an act of terrorism with an applicant has questions regarding respect to which a qualified anti- allowability for a specific case involving Designation and the Certification are two separate protections with separate terrorism technology is deployed) are Federal procurements, the applicant not standard practice in most industries, should consult with the procuring (but overlapping) criteria, and therefore they require two discrete application and that some customers, vendors, and agency and, if appropriate, with the suppliers may be unwilling to enter into applicant’s legal counsel. processes. The Department notes again, however, that applications for both such reciprocal agreements. The Burden of Proof With Regard to protections may be considered in Department will not withhold or revoke Evaluation Criteria parallel, and that both protections may a Designation based on the failure to be granted simultaneously. obtain one or more required reciprocal Three commenters asked, in essence, waivers, provided that the Seller shows if the applicant bears the responsibility Multi-use Technologies and ‘‘Specific that it made diligent efforts in good faith for demonstrating the applicability of Purpose’’ to obtain such waivers. each of the seven evaluation criteria. In The Department’s view is that such particular, it was asked whether the Four commenters noted that the waivers are not an absolute condition applicant must establish the existence of proposed rule stated that a technology (precedent or subsequent) for the an extraordinarily large or must be ‘‘designed, developed, issuance, validity, effectiveness, unquantifiable potential risk exposure modified, or procured for the specific duration, or applicability of a (criterion 3), or the magnitude of risk purpose of preventing, detecting, Designation, because (1) obtaining such exposure to the public if applicant’s identifying or deterring acts of terrorism waivers often will be beyond the control technology were not deployed (criterion ***.’’ They stated that the word of SAFETY Act applicants, (2) requiring 5). It was also asked whether applicants ‘‘specific,’’ as used in this context, all of such waivers as such a condition will bear the cost of scientific studies seems overly restrictive. They believe would thwart the intent of Congress in (criterion 6). that this narrow reading could exclude enacting the SAFETY Act by rendering An application for a Designation or a from designation any product originally the benefits of the SAFETY Act Certification is a positive assertion on developed for another use. inapplicable in many otherwise the applicant’s part that the technology The ‘‘specific purpose’’ clause was appropriate situations, and (3) the in question deserves special protections prescribed by Congress in Section consequences of failing to obtain the under the law in order to promote a 865(1) of the Act, and the Department waivers are not specified in the Act. public good. It is the applicant’s does not have the authority to change Section 25.4(e) of the interim rule has responsibility to make a persuasive and that definition. The Department been revised accordingly. defensible case. This will involve, at a believes, however, that Congress did not minimum, submitting evidence that the intend for ‘‘specific purpose’’ to mean Mass Casualty Data technology satisfies the criteria in ‘‘exclusive purpose.’’ An applicant need Four comments expressed concern Section 862(b) of the SAFETY Act and only show that one specific purpose of over the use of mass casualty data. In the corresponding provision of the the subject technology is to prevent, particular, the proposed rule stated that interim rule (§ 25.3(b)). To that end, an detect, identify, or deter acts of the Secretary’s inquiry concerning an application that contains the most terrorism or limit the harm such acts application ‘‘may involve * * * data complete suite of supporting might otherwise cause; it is irrelevant and history regarding mass casualty information regarding concrete evidence for purposes of the definition of losses.’’ It was noted that, in the case of of proven or potential effectiveness will ‘‘qualified anti-terrorism technology’’ past mass tort settlements, such data be more persuasive than an application that a technology might have other may exist but be confidential. Questions that relies solely on the applicant’s purposes or uses. Applications for were asked regarding whether providing personal effectiveness estimates and a SAFETY Act protections, and their such data (where it exists) would be priori threat and liability assessments. component parts, should, of course, mandatory for a Designation or a Any evaluations needed to address the focus on the specific purpose(s) of the Certification, even when restricted by criteria will be the financial technology for which the applicant is prior court-ordered confidentiality responsibility of the applicant. seeking protection. agreements, and whether special

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protections would exist to prevent • A limitation on the liability of Act sets forth the following criteria that unauthorized disclosure. Sellers of qualified anti-terrorism must be considered to the extent that The Department will not ask technologies to an amount of liability they are applicable to the technology: applicants to violate court ordered insurance coverage specified for each (1) Prior United States Government use confidentiality agreements, but will individual technology, provided that or demonstrated substantial utility and expect that every reasonable effort will Sellers will not be required to obtain effectiveness; (2) availability of the be made to extract relevant non- any more liability insurance coverage technology for immediate deployment; protected information or to provide than is reasonably available ‘‘at prices (3) the potential liability of the Seller; equivalent information—e.g., from and terms that will not unreasonably (4) the likelihood that the technology industry aggregate data or summaries, distort the sales price’’ of the technology will not be deployed unless the etc. (Section 864(a)(2)); SAFETY Act protections are conferred; • A prohibition on joint and several (5) the risk to the public if the Multiple Sellers liability for noneconomic damages, so technology is not deployed; (6) Questions were posed regarding that Sellers can only be liable for that evaluation of scientific studies; and (7) whether it will be possible for joint percentage of noneconomic damages the effectiveness of the technology in ventures or other multi-party proportionate to their responsibility for defending against acts of terrorism. arrangements to receive SAFETY Act the harm (§ 863(b)(2)); These criteria are not exclusive—the protections, and who will be • A complete bar on punitive Secretary may consider other factors responsible for obtaining insurance for damages and prejudgment interest that he deems appropriate. The such a multi-Seller Designation. A joint (§ 863(b)(1)); Secretary has discretion to give greater • venture may take many forms. A joint A reduction of plaintiffs’ recovery weight to some factors over others, and venture that takes the form of a by amounts that plaintiffs received from the relative weighting of the various recognized business association with ‘‘collateral sources,’’ such as insurance criteria may vary based upon the legal personality will be treated as a benefits or other government benefits particular technology at issue and the (§ 863(c)); and threats that the technology is designed single Seller, and will be required to • obtain insurance coverage itself. A rebuttable presumption that the to address. The Secretary may, in his As specified in the proposed rule, Seller is entitled to the ‘‘government discretion, determine that failure to SAFETY Act protections may be issued contractor defense’’ (§ 863(d)). meet a particular criterion justifies The Act provides that these liability to multiple Sellers (e.g., a situation in denial of an application under the protections are conferred by two which the owner of a technology and SAFETY Act. However, the Secretary is separate actions by the Secretary. The one or more of its licensees are to be not required to reject an application that Secretary’s designation of a technology covered by a single Designation). In that fails to meet one or more of the criteria. as a ‘‘qualified anti-terrorism situation, the parties’ respective Rather the Secretary, after considering technology’’ confers all of the liability obligations to obtain insurance will be all of the relevant criteria, may conclude protections except the rebuttable that a particular technology merits specified in the Designation. presumption in favor of the government designation as a ‘‘qualified anti- Discussion of Interim Rule contractor defense. The presumption in terrorism technology’’ even if a favor of the government contractor particular criterion is not satisfied. The As part of the Homeland Security Act defense requires an additional Secretary’s considerations will also vary of 2002, Public Law 107–296, Congress ‘‘approval’’ by the Secretary under with the constantly evolving threats and enacted several liability protections for Section 863(d) of the Act. In many conditions that give rise to the need for providers of anti-terrorism technologies. cases, however, the designation and the the technologies. The interim rule The SAFETY Act provides incentives approval can be conferred provides for designation as a qualified for the development and deployment of simultaneously. anti-terrorism technology for five to anti-terrorism technologies by creating a eight years. system of ‘‘risk management’’ and a Analysis The SAFETY Act applies to a very system of ‘‘litigation management.’’ The This preamble to the interim rule first broad range of technologies, including purpose of the Act is to ensure that the addresses the two major aspects of the products, services, software, and other threat of liability does not deter Act—the designation of qualified anti- forms of intellectual property, as long as potential manufacturers or Sellers of terrorism technologies and the approval the Secretary, as an exercise of anti-terrorism technologies from of technologies for purposes of the discretion and judgment, determines developing and commercializing government contractor defense. that a technology merits designation technologies that could save lives. The Following that discussion, the preamble under the statutory criteria. Further, as Act thus creates certain liability addresses specific issues regarding the the statutory criteria suggest, a limitations for ‘‘claims arising out of, interim rule and the Department’s ‘‘qualified anti-terrorism technology’’ is relating to, or resulting from an act of interpretation of the Act. not necessarily required to be newly terrorism’’ where qualified anti- developed—it may have already been Designation of Qualified Anti-Terrorism terrorism technologies have been employed (e.g. ‘‘prior United States Technologies deployed. The Act does not limit government use’’) or may be a new liability for harms caused by anti- As noted above, the designation of a application of an existing technology. terrorism technologies when no act of technology as a qualified anti-terrorism The Act also provides that, before terrorism has occurred. technology confers all of the liability designating a ‘‘qualified anti-terrorism Together, the risk and litigation protections provided in the Act, except technology,’’ the Secretary will examine management provisions provide the for the presumption in favor of the the amount of liability insurance the following protections: government contractor defense. The Act Seller of the technology proposes to • Exclusive jurisdiction in Federal gives the Secretary broad discretion in maintain for coverage of the technology court for suits against the Sellers of determining whether to designate a at issue. Under § 864(a), the Secretary ‘‘qualified anti-terrorism technologies’’ particular technology as a ‘‘qualified must certify that the coverage level is (§ 863(a)(2)); anti-terrorism technology,’’ although the appropriate ‘‘to satisfy otherwise

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compensable third-party claims arising whether the five to eight year period is Third, the Act expressly states the out of, relating to, or resulting from an an appropriate length of time for such limited circumstances in which the act of terrorism when qualified anti- a designation. applicability of the defense can be terrorism technologies have been rebutted. The Act provides expressly Government Contractor Defense deployed.’’ Section 864(a)(1). The Act that the presumption can be overcome further provides that ‘‘the Seller is not The Act creates a rebuttable only by evidence showing that the Seller required to obtain liability insurance of presumption that the government acted fraudulently or with willful more than the maximum amount of contractor defense applies to qualified misconduct in submitting information liability insurance reasonably available anti-terrorism technologies ‘‘approved to the Secretary during the course of the from private sources on the world by the Secretary’’ in accordance with Secretary’s consideration of such market at prices and terms that will not certain criteria specified in Section technology. See § 863(d)(1) (‘‘This unreasonably distort the sales price of 863(d)(2). The government contractor presumption shall only be overcome by Seller’s anti-terrorism technologies’’ defense is an affirmative defense that evidence showing that the Seller acted (which the Department intends to immunizes Sellers from liability for fraudulently or with willful misconduct interpret with regard to the effect of the certain claims brought under Section in submitting information to the insurance requirement on the price of 863(a) of the Act. See § 863(d)(1). The Secretary during the course of the the technology and ultimately on the presumption of this defense applies to Secretary’s consideration of such demand for and deployment of the all ‘‘approved’’ qualified anti-terrorism technology under this subsection.’’). technology for anti-terrorism purposes). technologies for claims brought in a The applicability of the government Section 864(a)(2). ‘‘product liability or other lawsuit’’ and contractor defense to particular The Secretary does not intend to set ‘‘arising out of, relating to, or resulting technologies is thus governed by these a ‘‘one-size-fits-all’’ numerical from an act of terrorism when qualified express provisions of the Act, rather requirement regarding required anti-terrorism technologies * * * have than by the judicially-developed criteria insurance coverage for all technologies. been deployed in defense against or for applicability of the government Instead, as the Act suggests, the inquiry response or recovery from such act and contractor defense outside the context of will be specific to each application and such claims result or may result in loss the SAFETY Act. may involve an examination of several to the Seller.’’ Id. While the government While the Act does not expressly factors, including the following: the contractor defense is a judicially-created delineate the scope of the defense (i.e., amount of insurance the Seller has doctrine, Section 863’s express terms the types of claims that the defense previously maintained; the amount of supplant many of the requirements in bars), the Act and the legislative history insurance maintained by the Seller for the case law for application of the make clear that the scope is broad. For other technologies or for the Seller’s defense. example, it is clear that any Seller of an business as a whole; the amount of First, and most obviously, the Act ‘‘approved’’ technology cannot be held insurance typically maintained by expressly provides that the government liable under the Act for design defects sellers of comparable technologies; data contractor defense is available not only or failure to warn claims, unless the and history regarding mass casualty to government contractors, but also to presumption of the defense is rebutted losses; and the particular technology at those who sell to state and local by evidence that the Seller acted issue. The Secretary will not require governments and the private sector. See fraudulently or with willful misconduct insurance beyond the point at which the § 863(d)(1) (‘‘This presumption of the in submitting information to the cost of coverage would ‘‘unreasonably government contractor defense shall Secretary during the course of the distort’’ the price of the technology. apply regardless of whether the claim Secretary’s consideration of such Once the Secretary concludes the against the Seller arises from a sale of technology. analysis regarding the appropriate level the product to federal government or The government contractor defense of insurance coverage (which might non-federal government customers.’’). under Boyle and its progeny bars a include discussions with the Seller in Second, Sellers of qualified anti- broad range of claims. The Supreme appropriate cases), the Secretary will terrorism technologies need not design Court in Boyle concluded that ‘‘state law identify in a short certification a their technologies to federal government which holds government contractors description of the coverage appropriate specifications in order to obtain the liable for design defects’’ can present a for the particular qualified anti- government contractor defense under significant conflict with Federal policy terrorism technology. If, during the term the SAFETY Act. Instead, the Act sets (including the discretionary function of the designation, the Seller would like forth criteria for the Department’s exception to the Federal Tort Claims to request reconsideration of that ‘‘approval’’ of technologies. Specifically, Act) and therefore ‘‘must be displaced.’’ insurance certification due to changed the Act provides that during the process Boyle v. United Technologies Corp., 487 circumstances or for other reasons, the of approval for the government U.S. 500, 512 (1988). The Department Seller may do so. If the Seller fails to contractor defense the Secretary will believes that Congress incorporated the maintain coverage at the certified level conduct a ‘‘comprehensive review of the Supreme Court’s Boyle line of cases as during that time period, the liability design of such technology and it existed on the date of enactment of protections of the Act will continue to determine whether it will perform as the SAFETY Act, rather than apply, but the Seller’s liability limit will intended, conforms to the Seller’s incorporating future developments of remain at the certified insurance level. specifications, and is safe for use as the government contractor defense in Such failure, however, will be regarded intended.’’ Section 863(d)(2). The Act the courts. Indeed, it is hard to imagine as a negative factor in the consideration also provides that the Seller will that Congress would have intended a of any future application by the Seller ‘‘conduct safety and hazard analyses’’ statute designed to provide certainty for renewal of the applicable and supply such information to the and protection to Sellers of anti- designation, and perhaps in any other Secretary. Id. This express statutory terrorism technologies to be subject to application by the Seller. framework thus governs in lieu of the future developments of a judicially- The Department solicits comment on requirements developed in case law for created doctrine. In fact, there is the designation of qualified anti- the application of the government evidence that Congress rejected such a terrorism technologies, including contractor defense. construction. See, e.g., 148 Cong. Rec.

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E2080 (November 13, 2001) (statement technologies that can be deployed Second, Section 25.3(g) of the interim of Rep. Armey) (’’[Companies] will have against terrorism includes far more than rule recognizes that Federal, state, and a government contractor defense as is physical products. Rather, the defense local government agencies will often be commonplace in existing law.’’) of the homeland will require the purchasers of anti-terrorism (emphasis added). deployment of a broad range of technologies. The Department Procedurally, the presumption of technologies that includes services, recognizes that terms on which Sellers applicability of the government software, and other forms of intellectual are able to provide anti-terrorism contractor defense is conferred by the property. Thus, consistent with Section technologies to government agencies Secretary’s ‘‘approval’’ of a qualified 865 of the Act, Section 25.3(a) of the may vary depending on whether the anti-terrorism technology specifically interim rule defines qualified anti- technologies receive SAFETY Act for the purposes of the government terrorism technologies very broadly to coverage or not. The interim rule thus contractor defense. This approval is a include ‘‘any qualifying product, provides that the Department may separate act from the Secretary’s equipment, service (including support coordinate SAFETY Act reviews with ‘‘designation’’ of a qualified anti- services), device, or technology government agency procurements. The terrorism technology. Importantly, the (including information technology)’’ Department also intends to review Seller may submit applications for both that the Secretary, as an exercise of SAFETY Act applications relating to designation as a qualified anti-terrorism discretion and judgment, determines to technologies that are the subject of technology and approval for purposes of merit designation under the statutory government agency procurements on an the government contractor defense at criteria. expedited basis. the same time, and the Secretary may The Department requests public 2. Development of New Technologies. review and act upon both applications comments regarding the best way for the The Act’s success depends not only simultaneously. The distinction Department to provide feedback to upon encouraging Sellers to provide between the Secretary’s two actions is potential Sellers regarding SAFETY Act existing anti-terrorism technologies, but important, however, because the coverage and the best way for the also upon encouraging Sellers to approval process for the government Department to coordinate SAFETY Act develop new and innovative contractor defense includes a level of review with agency procurements. technologies to respond to the ever- review that is not required for the 3. Protection of Intellectual Property changing threats to the American designation of a qualified anti-terrorism and Trade Secrets. The Department people. The interim rule is thus technology. Specifically, the Act believes that successful implementation provides that during the process of designed to allow the Department to of the Act requires that applicants’ approval for the government contractor assist would-be Sellers during the intellectual property interests and trade defense the Secretary will conduct a invention, design, and manufacturing secrets remain protected in the ‘‘comprehensive review of the design of phases in two important respects. First, application process and beyond. such technology and determine whether Section 25.3(h) of the proposal makes Toward that end, the Department will it will perform as intended, conforms to clear that the Department, within its create an application and review the Seller’s specifications, and is safe for discretion and where feasible, may process in which the Department use as intended.’’ Section 863(d)(2). The provide feedback to inventors and maintains the confidentiality of an Department believes that certain Sellers manufacturers regarding whether applicant’s proprietary information. The will be able to obtain the protections proposed or developing anti-terrorism Department notes that laws mandating that come with designation as a technologies might meet the disclosure of information submitted to qualified anti-terrorism technology even qualification factors under the Act. The the government generally contain if they have not satisfied the Department has developed a pre- exclusions or exceptions for such requirements for the government application submission process in order information. The Freedom of contractor defense. Similarly, even if the to facilitate the procurement of such Information Act, for instance, provides applicability of the government feedback. To be sure, the Department specific exceptions for proprietary contractor defense were rebutted under cannot provide advance designation, as information submitted to Federal the test set forth in Section 863(d)(1) of some of the factors for the Secretary’s agencies. the Act, the technology may still retain consideration cannot be addressed in 4. Evaluation of Scientific Studies; the designation and protections as a advance. The Department may, Consultation with Scientific and qualified anti-terrorism technology. however, provide feedback regarding Technical Experts. Section 862(b)(6) of Fraud or willful misconduct in the other factors, with the goal of giving the Act provides that, as one of many submission of information to the potential Sellers some understanding of factors in determining whether to Department in connection with an whether it might be advantageous to designate a particular technology under application under the Act may result proceed with further development of the the Act, the Secretary shall consider not only in rebuttal of the presumed technology. Departmental feedback at evaluation of all scientific studies ‘‘that application of the government the design, prototyping, or testing stage can be feasibly conducted’’ in order to contractor defense, but may also prompt of development, to the extent feasible, assess the capability of the technology the Department to refer the matter to the may provide manufacturers with added to substantially reduce the risks of Department of Justice for pursuit of incentive to commence and/or complete harm. An important part of this criminal or civil penalties. production of cutting-edge anti- provision is that it contemplates review The Department invites comment terrorism technology that otherwise only of such studies as can ‘‘feasibly’’ be regarding the government contractor might not be produced or deployed in conducted. The Department believes defense. the absence of the risk and litigation that the need to protect the American management protections in the Act. The public by facilitating the manufacture Specific Issues Regarding the Act and Department will perform these and marketing of anti-terrorism This Interim Rule consultations with potential Sellers in a technologies might render it infeasible 1. Definition of Anti-Terrorism manner consistent with the protection to defer a designation decision until Technologies. The Department of intellectual property and trade after every conceivable scientific study recognizes that the universe of secrets, as discussed below. is completed. In many cases, existing

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information (whether based on scientific concurrent causes of action (between Act, as the Department will have to studies, experience with the technology State and Federal law) is overcome by determine the amount of insurance that or a related technology, or other factors) two basic points. First, Congress would Sellers must obtain. Accordingly, the might enable the Secretary to perform not have created in this Act a Federal Department seeks comment on that an appropriate assessment of the cause of action to complement State law matter. capability of the technology to reduce causes of action. Not only is the 6. Amount of Insurance. The Act risks of harm. In other cases, even where substantive law for decision in the requires that Sellers obtain liability less information is available about the Federal action derived from State law insurance ‘‘of such types and in such capability of a technology to reduce (and thus would be surplusage), but in amounts’’ certified by the Secretary ‘‘to risks of harm, the public interest in creating the Act Congress plainly satisfy otherwise compensable third- making the technology available as soon intended to limit rather than increase party claims arising out of, relating to, as practicable may render it infeasible to the liability exposure of Sellers. Second, or resulting from an act of terrorism await the conduct of further scientific the granting of exclusive jurisdiction to when qualified anti-terrorism studies on that issue. In considering the Federal district courts provides technologies have been deployed.’’ whether or to what extent it is feasible further evidence that Congress wanted Section 864(a)(1). However, the Act to defer a designation decision until an exclusive Federal cause of action. makes clear that Sellers are not required additional scientific studies can be Indeed, a Federal district court (in the to obtain liability insurance beyond ‘‘the conducted, the Department will bring to absence of diversity) does not have maximum amount of liability insurance bear its expertise concerning the jurisdiction over state law claims, and reasonably available from private protection of the American homeland the statute makes no mention of sources on the world market at prices and will consider the urgency of the diversity claims anywhere in the Act. and terms that will not unreasonably need for the technology and other Further, it is clear that the Seller is the distort the sales price of Seller’s anti- relevant factors and circumstances. only appropriate defendant in this terrorism technologies.’’ Section 5. ‘‘Exclusive Federal Jurisdiction’’ exclusive Federal cause of action. First 864(a)(2). and ‘‘Scope’’ of Insurance Coverage and foremost, the Act unequivocally As explained above, the Department under Section 864(a)(3). The Act creates states that a ‘‘cause of action shall be eschews any ‘‘one-size-fits-all’’ an exclusive Federal cause of action ‘‘for brought only for claims for injuries that approach to the insurance coverage any claim for loss of property, personal are proximately caused by sellers that requirement. Instead, the Department injury, or death arising out of, relating provide qualified anti-terrorism construes the Act as contemplating the to, or resulting from an act of terrorism technology.’’ Section 863(a)(1) examination of several factors. Section when qualified anti-terrorism (emphasis added). Second, if the Seller 25.4(b) of the interim rule therefore sets technologies have been deployed in of the qualified anti-terrorism forth a nonexclusive list of several defense against or response or recovery technology at issue was not the only factors that the Department may from such act and such claims result or defendant, would-be plaintiffs could, in consider. These include the amount of may result in loss to the Seller.’’ Section an effort to circumvent the statute, bring 863(a)(2); see also section 863(a)(1). claims (arising out of or relating to the insurance the Seller has previously This exclusive ‘‘Federal cause of action performance or non-performance of the maintained; the amount of insurance shall be brought only for claims for Seller’s qualified anti-terrorism maintained by the Seller for other injuries that are proximately caused by technology) against arguably less technologies or for the Seller’s business sellers that provide qualified anti- culpable persons or entities, including as a whole; the amount of insurance terrorism technology.’’ Section but not limited to contractors, typically maintained by sellers of 863(a)(1). The best reading of Section subcontractors, suppliers, vendors, and comparable technologies; data and 863(a), and the reading the Department customers of the Seller of the history regarding mass casualty losses; hereby adopts, is that (1) only one technology. Because the claims in the information regarding the amount of Federal cause of action exists for loss of cause of action would be predicated on liability insurance offered on the world property, personal injury, or death when the performance or non-performance of market; the particular technology at a claim relates to the deployment the Seller’s qualified anti-terrorism issue and its intended use; and the point (performance or non-performance) of technology, those persons or entities, in at which the cost of coverage would the Seller’s qualified anti-terrorism turn, would file a third-party action ‘‘unreasonably distort’’ the price of the technology in defense against, response against the Seller. In such situations, the technology. to, or recovery from an act of terrorism, claims against non-Sellers thus ‘‘may In the course of determining the and (2) such cause of action may be result in loss to the Seller’’ under amount of insurance required under the brought only against the Seller. section 863(a)(2). The Department Act for a particular technology, the The exclusive Federal nature of this believes Congress did not intend Department may consult with the Seller, cause of action is evidenced in large through the Act to increase rather than the Seller’s insurer, and others. While part by the exclusive jurisdiction decrease the amount of litigation arising the decision regarding the amount of provision in Section 863(a)(2). That out of or related to the deployment of insurance required will generally be subsection states: ‘‘Such appropriate qualified anti-terrorism technology. specific to each Seller or each district court of the United States shall Rather, Congress balanced the need to technology, the Department recognizes have original and exclusive jurisdiction provide recovery to plaintiffs against the that the incentive-based purposes of the over all actions for any claim for loss of need to ensure adequate deployment of Act may be furthered if the Department property, personal injury, or death anti-terrorism technologies by creating a provides information to potential Sellers arising out of, relating to, or resulting cause of action that provides a certain regarding the types and amounts of from an act of terrorism when qualified level of recovery against Sellers, while insurance that they will likely be anti-terrorism technologies have been at the same time protecting others in the required to obtain. Thus the Secretary deployed in defense against or response supply chain. may, where appropriate, give guidance or recovery from such act and such The scope of Federal preemption of to potential Sellers regarding the type claims result or may result in loss to the state laws is highly relevant to the and amounts of insurance that may be Seller.’’ Id. Any presumption of Department’s implementation of the sufficient under the Act for particular

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technologies or categories of Sellers of the anti-terrorism technology advised whether SAFETY Act coverage technologies. for purposes of SAFETY Act coverage. would be appropriate and the Director The Department also recognizes that The Department may, but need not, of the Office and Management and the amount of insurance available at specify in the certification the others Budget has approved the exercise of prices that will not unreasonably distort who are covered by the liability indemnification authority. The the price of the anti-terrorism insurance required to be purchased by amendment includes an exception for technology may vary over time. Thus, the Seller. the Department of Defense where the the interim rule is written to give the 7. Use of Standards. Section 25.3(c) of Secretary of Defense has determined Department flexibility to address the interim rule provides that the Under that indemnification is ‘‘necessary for fluctuating insurance prices by Secretary may issue technical standards the timely and effective conduct of providing that, during the term of the for categories of anti-terrorism United States military or intelligence designation, the Seller may request technologies, and that the Under activities.’’ reconsideration of the insurance Secretary may consider compliance certification due to changed with any such applicable standards in Application of Various Laws and circumstances or other reasons. determining whether to grant a Executive Orders to This Interim The interim rule provides that the designation under the Act. Rulemaking Seller shall certify on an annual basis 8. Relationship of the SAFETY Act to that the Seller has maintained the Indemnification under Public Law 85– Executive Order 12866—Regulatory insurance required by the Under 804. The Department recognizes that Planning and Review Secretary’s certification. It further Congress intended that the SAFETY provides that the Under Secretary may Act’s liability protections would The Department has examined the terminate the designation as a qualified substantially reduce the need for the economic implications of this interim anti-terrorism technology if the Seller United States to provide rule as required by Executive Order fails to provide the certification or indemnification under Public Law 85– 12866. Executive Order 12866 directs provides a false certification. 804 to Sellers of anti-terrorism agencies to assess all costs and benefits Termination of the designation would technologies. Where applicable, the of available regulatory alternatives and, mean that the Seller would not be able strong liability protections of the when regulation is necessary, to select to sell the technology as a qualified anti- SAFETY Act should, in most regulatory approaches that maximize terrorism technology after the date of circumstances, make it unnecessary to net benefits (including potential the termination. The Seller’s failure to provide indemnification to Sellers. The economic, environmental, public health maintain the insurance also may Department recognizes, however, that and safety, and other advantages; adversely affect the Seller’s ability to there might be, in some limited distributive impacts; and equity). obtain a renewal of the designation for circumstances, technologies or services Executive Order 12866 classifies a rule the technology, and may even adversely with respect to which both SAFETY Act as significant if it meets any one of a affect the Seller’s ability to obtain future coverage and indemnification might be number of specified conditions, designations of ‘‘qualified anti-terrorism warranted. See 148 Cong. Rec. E2080 including: having an annual effect on technologies.’’ Finally, a false (statement by Rep. Armey) (November the economy of $100 million, adversely certification may result in criminal or 13, 2002) (stating that in some situations affecting a sector of the economy in a other penalties under existing laws. the SAFETY Act protections will material way, adversely affecting The liability protections of the Act ‘‘complement other government risk- competition, or adversely affecting jobs. will continue to apply to technologies sharing measures that some contractors A regulation is also considered a sold while the SAFETY Act designation can use such as Public Law 85–804’’). was effective, regardless of whether the In recognition of this close significant regulatory action if it raises seller maintains the required insurance. relationship between the SAFETY Act novel legal or policy issues. This is necessary because the SAFETY and indemnification authority, in The Department did not receive any Act protects not only the Seller, but also Section 73 of Executive Order 13286 of comments on our economic analysis. others in the manufacturing and February 28, 2003, the President The Department concludes that this distribution chains. For example, a recently amended the existing Executive interim rule is a significant regulatory buyer who purchases the technology Order on indemnification—Executive action under the Executive Order while the SAFETY Act designation is Order 10789 of November 14, 1958, as because it will have a positive, material still in effect should not be punished for amended. The amendment granted the effect on public safety under Section the Seller’s failure to maintain the Department of Homeland Security 3(f)(1), and it raises novel legal and insurance. The Seller, however, will authority to indemnify under Public policy issues under Section 3(f)(4). The face potential uninsured liability, Law 85–804. At the same time, it because the Seller’s liability limit will requires that all agencies—not just the Department concludes, however, that remain at the certified insurance level. Department of Homeland Security— this interim rule does not meet the This is because subsection (c) of Section follow certain procedures to ensure that significance threshold of $100 million 864 makes clear that the Seller’s liability the potential applicability of the effect on the economy in any one year is capped at the amount of insurance SAFETY Act is considered before any under Section 3(f)(1), due to the ‘‘required’’ to be maintained under indemnification is granted for an anti- relatively low estimated burden of Section 864, rather than the amount of terrorism technology. Specifically, the applying for this technology program, coverage actually obtained. The amendment provides that Federal the unknown number of certifications limitation of liability thus relates agencies cannot provide and designations that the Department entirely to the amount of insurance indemnification ‘‘with respect to any will dispense, and the unknown required and makes no reference to matter that has been, or could be, probability of a terrorist attack that whether such insurance is, in fact, designated by the Secretary of would have to occur in order for the maintained by the Seller. Homeland Security as a qualified anti- protections put in place in this interim The Department, as part of each terrorism technology’’ unless the rule to have a large impact on the certification, will specify the Seller or Secretary of Homeland Security has public.

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Need for the Regulation and Market this program. An additional source of coverage. This will have the effect of Failure uncertainty is the reaction of the lowering the price per unit of coverage This regulation implements the insurance market to this designation. As in this market. The Department also expects, SAFETY Act and is intended to mentioned above, insurance markets however, that this interim rulemaking implement the provisions set forth in appear currently to be adjusting their will lead to greater market entry, which that Act. The Department believes the strategy for terrorism risk, so little will generate surplus for both current development of anti-terrorism market information exists that would technology firms and insurers. Again, technologies has been slowed due to the inform this estimate. The Department this market is still in development, and potential liability risks associated with invites comments on these issues. If a firm chooses to invest effort in the Department solicits comments on their development and eventual pursuing SAFETY Act liability exactly how to predict the effect of this deployment. In a fully functioning protection, the direct costs to that firm interim rulemaking on technology insurance market, technology will be the time and money required to development. developers would be able to insure submit the required paperwork and Costs and Benefits to Insurers themselves against excessive liability other information to the Department. risk; however, the terrorism risk Only companies that choose to request The Department has little information insurance market appears to be in this protection will incur costs. Please on the future structure of the terrorism disequilibrium. The attacks of see the accompanying PRA analysis for risk insurance market, and how this September 11 fundamentally changed an estimate of these costs. interim rulemaking will affect that the landscape of terrorism insurance. The direct benefits to firms include structure. As stated above, this type of Congress, in the findings of TRIA, lower potential losses from liability for intervention could serve to lower the concluded that temporary financial terrorist attacks, and as a consequence a demand for insurance in the current assistance in the insurance market is lower burden from liability insurance market, thus the static effect on the needed to ‘‘allow for a transitional for this type of technology. In this profitability of insurers is negative. The period for the private markets to assessment, we were careful to only benefits of the lower insurance burden stabilize, resume pricing of such consider benefits and costs specifically to technology firms would be insurance, and build capacity to absorb due to the implementation of the considered a cost to insurers; the static any future losses.’’ TRIA § 101(b)(2). interim rule and not costs that would changes to insurance coverage would This interim rulemaking addresses a have been incurred by companies absent cause a transfer from insurers to similar concern, to the extent that any interim rulemaking. The SAFETY technology firms. On the other hand, potential technology developers are Act requires the sellers of the this type of intervention should serve to unable to efficiently insure against large technology to obtain liability insurance increase the surplus of insurers by losses due to an ongoing reassessment of ‘‘of such types and in such amounts’’ making some types of insurance terrorism issues in insurance markets. certified by the Secretary. The entire products possible that would have been Even after a temporary insurance cost of insurance is not a cost prohibitive to customers or impossible market adjustment, purely private specifically imposed by the proposed for insurers to design in the absence of terrorism risk insurance markets may rulemaking, as companies in the course this interim rulemaking. The exhibit negative externalities. Because of good business practice routinely Department is interested in public the risk pool of any single insurer may purchase insurance absent Federal comment on any possible negative or not be large enough to efficiently spread requirements to do so. Any difference in positive impacts to insurers caused by and therefore insure against the risk of the amount or price of insurance the SAFETY Act and this interim damages from a terrorist attack, and purchased as a result of the SAFETY rulemaking, and whether these impacts because the potential for excessive Act would be a cost or benefit of this would result in transfers within this liability may render any terrorism interim rule for firms. market or an efficiency change not insurance prohibitively expensive, The wording of the SAFETY Act captured by another party. We society may suffer from less than clearly states that sellers are not encourage commenters to be as specific optimal technological protection against required to obtain liability insurance as possible. terrorist attacks. The measures set forth beyond the maximum amount of Costs and Benefits to the Public in this interim rule are designed to meet liability insurance reasonably available this goal; they will provide certain from private liability sources on the The benefits to the public of this liability protection from lawsuits and world market at prices and terms that interim rulemaking are very difficult to consequently will increase the will not unreasonably distort the sales put in dollar value terms since its likelihood that businesses will pursue price of the seller’s anti-terrorism ultimate objective is the development of important technologies that may not be technologies. We tentatively conclude, new technologies that will help prevent pursued without this protection. however, that this interim rulemaking or limit the damage from terrorist will impact both the prices and terms of attacks. It is not possible to even Costs and Benefits to Technology liability insurance relative to the determine whether these technologies Development Firms amount of insurance coverage absent the could help prevent large or small scale Since this interim rulemaking puts in SAFETY Act. The probable effect of this attacks, as the SAFETY Act applies to a place an additional voluntary option for interim rule is to lower the quantity of vast range of technologies, including technology developers, the expected liability coverage needed in order for a products, services, software, and other direct net benefits to firms of this firm to protect itself from terrorism forms of intellectual property that could interim rulemaking will be positive; liability risks, which would be have a widespread impact. In qualitative companies presumably will not choose considered a benefit of this interim rule terms, the SAFETY Act removes a great to pursue the designation of ‘‘anti- to firms. This change will most likely be deal of the risk and uncertainty terrorism technology’’ unless they a shift back in demand that leads to a associated with product liability and in believe it to be a profitable endeavor. movement along the supply curve for the process creates a powerful incentive The Department cannot predict with technology firms already in this market; that will help fuel the development of certainty the number of applicants for they probably will buy less liability critically needed anti-terrorism

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technologies. Additionally, we expect The Department requests comments (4) Affected public who will be asked the SAFETY Act to reduce the research on at least the following four points: or required to respond, as well as a brief and development costs of these (1) Whether the proposed collection abstract: Primary: Sellers and potential technologies. of information is necessary for the Sellers of qualified anti-terrorism The tradeoff, however, may be that a proper performance of the functions of technology. Abstract: The Pre- greater number of technologies may be the agency, including whether the Application Form for Designation of developed and qualify for this program information will have practical utility; Qualified Anti-Terrorism Technology that have a lower average effectiveness (2) The accuracy of the agency’s will be used to provide information to against terrorist attacks than estimate of the burden of the proposed the Under Secretary for Science and technologies currently on the market, or collection of information, including the Technology of the Department of technologies that would be developed in validity of the methodology and Homeland Security in determining the absence of this interim rulemaking. assumptions used; whether Sellers pre-qualify for risk and (3) The quality, utility, and clarity of In the absence of this rulemaking, strong litigation management protections the information to be collected; and liability discouragement implies that the under the SAFETY Act. (4) The burden of the collection of (5) An estimate of the total number of fewer products that are deployed in information on those who are to support of anti-terrorist efforts may be respondents and the amount of time respond, including through the use of estimated for an average respondent to especially effective, since profit appropriate automated, electronic, maximizing firms will always choose to respond: 1,000 applicants annually; 14 mechanical, or other technological to 72 hours per application. develop the technologies with the collection techniques or other forms of highest demand first. It is the tentative (6) An estimate of the total public information technology, e.g., permitting burden (in hours) associated with the conclusion of the Department that electronic submission of responses. liability discouragement in this market collection: 14,000 to 72,000 hours. For the purpose of each analysis (b) Collection of Information Form is too strong or prohibitive, for the described below and associated with reasons mentioned above. The No. DHS–S&T–I–SAFETY–002. each collection of information, the (1) Type of Information Collection: Department tentatively concludes that Department assumes a loaded labor rate this interim rule will have positive net New Collection. of the personnel preparing each (2) Title of the Form/Collection: benefits to the public, since it serves to collection of information to be $100 per strike a better balance between Application for Designation of Qualified hour. The Department does not have Anti-Terrorism Technology. consumer protection and technological sufficient information to provide a (3) Agency form numbers and development. The Department known number of applicants or applicable component sponsoring the welcomes comments informing this submitters of information. All numbers collection: Form Number: DHS–S&T–I– tradeoff argument, and public input on are estimates. SAFETY–002, Directorate of Science whether this interim rulemaking does This rule requires persons to conduct and Technology, Department of strike the correct balance. safety, effectiveness, utility, and hazard Homeland Security. Collection of Information analyses and provide them to the Under Secretary in the course of applying for (4) Affected public who will be asked Paperwork Reduction Act of 1995 Designation of qualified anti-terrorism or required to respond, as well as a brief technology. We do not have quantified abstract: Primary: Sellers and potential This interim rule includes collection Sellers of qualified anti-terrorism of information under the Paperwork estimates of the impact of this provision, but we expect that much of technology. Abstract: The Application Reduction Act of 1995 (Paperwork Form for Designation of Qualified Anti- Reduction Act) (44 U.S.C. 3501–3520). the safety, effectiveness, utility, and hazard analysis activity will already Terrorism Technology will be used to As defined in 5 CFR 1320(c), ‘‘collection provide information to the Under of information’’ comprises reporting, take place in the normal course of technology development, since those Secretary for Science and Technology of recordkeeping, monitoring, posting, the Department of Homeland Security in labeling, and other similar actions. The matters are fundamental characteristics of a product. The Department determining whether Sellers qualify for title and description of the information risk and litigation management collections, a description of those who acknowledges considerable uncertainty in these estimates, but even if the protections under the SAFETY Act. must collect the information, and an (5) An estimate of the total number of estimate of the total annual burden estimates were considerably higher, this does not represent a large investment by respondents and the amount of time follow. The estimate covers the time for estimated for an average respondent to reviewing instructions, searching firms relative to overall development costs. respond: 1,000 applicants annually; 36 existing sources of data, gathering and to 180 hours per application. maintaining the data needed, and Overview of Requests for Collection of (6) An estimate of the annual total completing and reviewing the Information public burden associated with the collection. (a) Collection of Information Form No. collection: 36,000 to 180,000 hours. The Department submitted the DHS–S&T–I–SAFETY–001. (c) Collection of Information Form No. following information collection (1) Type of Information Collection: DHS–S&T–I–SAFETY–003. requests to the Office of Management New Collection. (1) Type of Information Collection: and Budget (OMB) for emergency (2) Title of the Form/Collection: Pre- New Collection. review with an expiration of six months Application for Designation of Qualified (2) Title of the Form/Collection: from the date of publication of this Anti-terrorism Technology. Application of Transfer of Designation. interim rule in accordance with (3) Agency form numbers and (3) Agency form numbers and procedures of the Paperwork Reduction applicable component sponsoring the applicable component sponsoring the Act of 1995. The proposed information collection: Form Number: DHS–S&T–I– collection: Form Number: DHS–S&T–I– collection will be published to obtain SAFETY–001, Directorate of Science SAFETY–003, Directorate of Science comments from the public and affected and Technology, Department of and Technology, Department of agencies. Homeland Security. Homeland Security.

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(4) Affected public who will be asked abstract: Primary: Sellers of approved Certification of an Approved Product for or required to respond, as well as a brief anti-terrorism technology. Abstract: The Homeland Security will be used by abstract: Primary: Sellers of qualified Form for Notice of License of Approved Sellers to request renewal of anti-terrorism technology. Abstract: The Anti-Terrorism Technology will be used Certification of an approved product for Application Form for Transfer of by Sellers to notify the Under Secretary Homeland Security to the Under Designation will be used by Sellers to for Science and Technology of the Secretary for Science and Technology of notify the Under Secretary for Science Department of Homeland Security of the the Department of Homeland Security. and Technology of the Department of right to manufacture and sell approved (5) An estimate of the total number of Homeland Security of a transfer of technology. respondents and the amount of time Designation. (5) An estimate of the total number of estimated for an average respondent to (5) An estimate of the total number of respondents and the amount of time respond: 250 to 500 applicants respondents and the amount of time estimated for an average respondent to annually; fifteen to thirty minutes per estimated for an average respondent to respond: 250 to 500 applicants application. respond: 250 to 500 applicants annually; fifteen to thirty minutes per (6) An estimate of the annual total annually, 15 to 30 minutes per application. public burden (in hours) associated with application. (6) An estimate of the annual total the collection: 250 hours. (6) An estimate of the annual total public burden (in hours) associated with (h) Additional Information: If public burden (in hours) associated with the collection: 250 hours. additional information is required on the collection: 250 hours. (f) Collection of Information Form No. any of these forms, contact: Directorate (d) Collection of Information Form DHS–S&T–I–SAFETY–006. of Science and Technology, SAFETY No. DHS–S&T–I–SAFETY–004. (1) Type of Information Collection: Act/room 4320, Department of (1) Type of Information Collection: New Collection. Homeland Security, Washington, DC New Collection. (2) Title of the Form/Collection: 20528. (2) Title of the Form/Collection: Application for Modification of (i) Submission of Comments on the Notice of License of Qualified Anti- Designation. Collection of Information: If you submit Terrorism Technology. (3) Agency form numbers and comments on the collection of (3) Agency form numbers and applicable component sponsoring the information, submit them both to OMB applicable component sponsoring the collection: Form Number: DHS–S&T–I– and to the Docket Management Facility collection: Form Number: DHS–S&T–I– SAFETY–006, Directorate of Science where indicated under addresses, by the SAFETY–004, Directorate of Science and Technology, Department of date under Dates. and Technology, Department of Homeland Security. (j) Valid OMB Control Document: You Homeland Security. (4) Affected public who will be asked need not respond to a collection of (4) Affected public who will be asked or required to respond, as well as a brief information unless it displays a or required to respond, as well as a brief abstract: Primary: Sellers of qualified currently valid control document from abstract: Primary: Sellers of qualified anti-terrorism technology. Abstract: The OMB. anti-terrorism technology. Abstract: The Application Form for Modification of Regulatory Flexibility Act Notice of License of Qualified Anti- Designation will be used by Sellers to Terrorism Technology. apply to the Under Secretary for Science The Regulatory Flexibility Act Application Form for Transfer of and Technology of the Department of requires the Department to determine Designation will be used by Sellers to Homeland Security for approval of whether this interim rulemaking will notify the Under Secretary for Science modification of a designation of have a significant impact on a and Technology of the Department of Qualified Anti-Terrorism Technology. substantial number of small entities. Homeland Security of its license of the (5) An estimate of the total number of Although we expect that many of the right to manufacture, use or sell respondents and the amount of time applicants for SAFETY Act protection Designated technology. estimated for an average respondent to are likely to meet the Small Business (5) An estimate of the total number of respond: 250 applicants annually; 10 to Administration’s criteria for being a respondents and the amount of time 20 hours per application. small entity, we do not believe this estimated for an average respondent to (6) An estimate of the annual total interim rulemaking will impose a respond: 250 to 500 applicants public burden (in hours) associated with significant financial impact on them. In annually; fifteen to thirty minutes per the collection: 5,000 hours. fact, we believe this interim rule will be application. (g) Collection of Information Form No. a benefit to technology development (6) An estimate of the annual total DHS–S&T–I–SAFETY–007. businesses, especially small businesses, public burden (in hours) associated with (1) Type of Information Collection: by presenting them with an attractive, the collection: 250 hours. New Collection. voluntary option of pursuing a (e) Collection of Information Form No. (2) Title of the Form/Collection: potentially profitable investment by DHS–S&T–I–SAFETY–005. Application for Renewal of Certification reducing the amount of risk and (1) Type of Information Collection: of an Approved Product for Homeland uncertainty of lawsuits associated with New Collection. Security. developing anti-terrorist technology. (2) Title of the Form/Collection: (3) Agency form numbers and The requirements of this interim Notice of License of Approved applicable component sponsoring the rulemaking will only be imposed on Technology. collection: Form Number: DHS–S&T–I– such businesses that voluntarily seek (3) Agency form numbers and SAFETY–007, Directorate of Science the liability protection of the SAFETY applicable component sponsoring the and Technology, Department of Act. If a company does not request that collection: Form Number: DHS–S&T–I– Homeland Security. protection, the company will bear no SAFETY–005, Directorate of Science (4) Affected public who will be asked cost. and Technology, Department of or required to respond, as well as a brief To the extent that demand for Homeland Security. abstract: Primary: Sellers of qualified insurance falls, however, insurers may (4) Affected public who will be asked anti-terrorism technology. Abstract: The be adversely impacted by this interim or required to respond, as well as a brief Application Form for Renewal of rule. The Department believes that

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eventual new entry into this market and PART 25—REGULATIONS TO potential third party liability risk further opportunities to insure against SUPPORT ANTI-TERRORISM BY exposure to the Seller or other provider terrorism risk implies that the long-term FOSTERING EFFECTIVE of such anti-terrorism technology. impact of this interim rulemaking on TECHNOLOGIES (4) Substantial likelihood that such insurers is ambiguous but could very anti-terrorism technology will not be Sec. deployed unless protections under the well be positive. We also expect that 25.1 Purpose. this interim rulemaking will affect 25.2 Delegation. system of risk management provided relatively few firms and relatively few 25.3 Designation of qualified anti-terrorism under 6 U.S.C. 441–444 are extended. insurers either positively or negatively, technologies. (5) Magnitude of risk exposure to the as this appears to be a specialized 25.4 Obligations of seller. public if such anti-terrorism technology industry. Therefore, we preliminarily 25.5 Procedures for designation of qualified is not deployed. anti-terrorism technologies. certify this notice of interim rulemaking (6) Evaluation of all scientific studies 25.6 Government contractor defense. that can be feasibly conducted in order will not have a significant impact on a 25.7 Procedures for certification of substantial number of small entities, approved products for homeland to assess the capability of the and we request comments on this security. technology to substantially reduce risks certification. 25.8 Confidentiality and protection of of harm. intellectual property. (7) Anti-terrorism technology that Unfunded Mandates Reform Act of 1995 25.9 Definitions. would be effective in facilitating the Authority: Subtitle G, Title VIII, Pub. L. defense against acts of terrorism, This interim rule will not result in the 107–296, 116 Stat. 2238 (6 U.S.C. 441–444). including technologies that prevent, expenditure by State, local and tribal defeat or respond to such acts. governments, in the aggregate, or by the § 25.1 Purpose. (8) Any other factor that the Under private sector, of $100 million or more This part implements the Support Secretary may consider to be relevant to in any one year, and it will not Anti-terrorism by Fostering Effective the determination or to the homeland significantly or uniquely affect small Technologies Act of 2002, Subtitle G of security of the United States. governments. Therefore, no actions were Title VIII of Public Law 107–296 (‘‘the (c) Use of standards. From time to deemed necessary under the provisions SAFETY Act’’ or ‘‘the Act’’). time the Under Secretary may develop, of the Unfunded Mandates Reform Act issue, revise, and adopt technical of 1995. § 25.2 Delegation. standards for various categories of anti- All of the Secretary’s responsibilities, terrorism technologies. Such standards Small Business Regulatory Fairness Act powers, and functions under the will be published by the Department at of 1996 SAFETY Act may be exercised by the http://www.dhs.gov, and copies may As noted above, the Department has Under Secretary for Science and also be obtained by mail by sending a Technology of the Department of tentatively determined that this interim request to: Directorate of Science and Homeland Security (‘‘the Under rule would not qualify as a ‘‘major rule’’ Technology, SAFETY Act/room 4320, Secretary’’) or the Under Secretary’s as defined by section 804 of the Small Department of Homeland Security, designees. Business and Regulatory Enforcement Washington, DC 20528. Compliance Act of 1996. § 25.3 Designation of qualified anti- with any such standards that are terrorism technologies. applicable to a particular anti-terrorism Executive Order 13132—Federalism (a) General. The Under Secretary may technology may be considered before designate as a qualified anti-terrorism any Designation will be granted for such The Department of Homeland technology under paragraph (a) of this Security does not believe this interim technology for purposes of protections set forth in Subtitle G of Title VIII of section; in such cases, the Under rule will have substantial direct effects Secretary may consider test results on the States, on the relationship Public Law 107–296 any qualifying product, equipment, service (including produced by an independent laboratory between the national government and or other entity engaged to test or verify the States, or on distribution of power support services), device, or technology (including information technology) the safety, utility, performance, or and responsibilities among the various designed, developed, modified, or effectiveness of such technology. levels of government. States will, procured for the specific purpose of (d) Consideration of substantial however, benefit from this interim rule preventing, detecting, identifying, or equivalence. In determining whether a to the extent that they are purchasers of deterring acts of terrorism or limiting particular technology satisfies the qualified anti-terrorism technologies. the harm such acts might otherwise criteria in paragraph (b) and complies The Department requests comment on cause. with any applicable standards the federalism impact of this Interim (b) Criteria to be considered. In referenced in paragraph (c), the Under rule. In particular, the Department seeks determining whether to grant the Secretary may take into consideration comment on whether this interim rule designation under paragraph (a) (a evidence that the technology is will raise significant federalism ‘‘Designation’’), the Under Secretary substantially equivalent to other, similar implications and, if so, what is the may exercise discretion and judgment in technologies (‘‘predicate technologies’’) nature of those implications. interpreting and weighting the following that have been previously designated as ‘‘qualified anti-terrorism technologies’’ List of Subjects in 6 CFR Part 25 criteria in each case: (1) Prior United States Government under the SAFETY Act. A technology Business and industry, Insurance, use or demonstrated substantial utility may be deemed to be substantially equivalent to a predicate technology if: Practice and procedure, Science and and effectiveness. (1) it has the same intended use as the technology, Security measures. (2) Availability of the technology for immediate deployment in public and predicate technology; and ■ For the reasons discussed in the private settings. (2) it has the same or substantially preamble, 6 CFR Chapter I is amended by (3) Existence of extraordinarily large similar technological characteristics as adding part 25 to read as follows: or extraordinarily unquantifiable the predicate technology.

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(e) Duration and depth of review. using the technology, restrictions on technology otherwise has met all the Recognizing the urgency of certain transfer or licensing, and training and requirements of this section. security measures, the Under Secretary instructions required to be provided to (b) Maximum Amount. For the total will make a judgment regarding the persons involved in the deployment of claims related to one act of terrorism, in duration and depth of review the technology. Failure to specify a determining the required amounts and appropriate for a particular technology. covered person or entity in a types of liability insurance that the This review will include submissions by Designation will not preclude Seller will be required to obtain, the the applicant for SAFETY Act coverage, application of the Act’s protections to Under Secretary shall not require the along with information that the Under that person or entity. Seller to obtain liability insurance of Secretary can feasibly gather from other (g) Government procurements. The more than the maximum amount of sources. For technologies with which a Under Secretary may coordinate a liability insurance reasonably available Federal, state, or local government SAFETY Act review in connection with from private sources on the world agency already has substantial a Federal, state, or local government market at prices and terms that will not experience or data (through the agency procurement of an anti-terrorism unreasonably distort the sales price of procurement process or through prior technology in any manner he or she the Seller’s anti-terrorism technology. use or review), the review may rely in deems appropriate and consistent with The Under Secretary will determine the part upon that prior experience and, the Act and other applicable laws. amount of liability insurance required thus, may be expedited. The Under (h) Pre-application consultations. To for each technology, or, to the extent Secretary may consider any scientific the extent that he or she deems it feasible and appropriate, a particular studies, testing, field studies, or other appropriate, the Under Secretary may group of technologies. The Under experience with the technology that he consult with potential SAFETY Act Secretary or his designee may find deems appropriate and that are available applicants regarding the need for or that—notwithstanding the level of risk or can be feasibly conducted or obtained advisability of particular types of anti- exposure for a particular technology, or in order to assess the capability of the terrorism technologies, although no pre- group of technologies—the maximum technology to substantially reduce risks approval of any particular technology amount of liability insurance from of harm. Such studies may, in the Under may be given. Such potential applicants private sources on the world market is Secretary’s discretion, include: may request such consultations through set at a price or contingent on terms that (1) Public source studies; the Pre-Application process set forth in will unreasonably distort the sales price (2) Classified and otherwise the SAFETY Act Application Kit. The of a Seller’s technology, thereby confidential studies; confidentiality provisions in § 25.8 shall necessitating liability insurance (3) Studies, tests, or other be applicable to such consultations. coverage below the maximum amount performance records or data provided § 25.4 Obligations of Seller. available. In determining the amount of by or available to the producer of the liability insurance required, the Under specific technology; and (a) Liability insurance required. The Secretary may consider any factor, (4) Proprietary studies that are Seller shall obtain liability insurance of including, but not limited to, the available to the Under Secretary. such types and in such amounts as shall In considering whether or the extent be required in the applicable following: to which it is feasible to defer a decision (1) The particular technology at issue; Designation, which shall be the amounts (2) The amount of liability insurance on a Designation until additional and types certified by the Under the Seller maintained prior to scientific studies can be conducted on a Secretary to satisfy otherwise application; particular technology, the Under compensable third-party claims arising (3) The amount of liability insurance Secretary will bring to bear his or her out of, relating to, or resulting from an maintained by the Seller for other expertise concerning the protection of act of terrorism when qualified anti- technologies or for the Seller’s business the security of the American homeland terrorism technologies have been as a whole; and will consider the urgency of the deployed in defense against, response (4) The amount of liability insurance need for the technology. to, or recovery from, such act. typically maintained by sellers of (f) Content of Designation. A Notwithstanding the foregoing, if the comparable technologies; Designation shall specify the Under Secretary determines that (5) Information regarding the amount technology, the Seller(s) of the insurance in appropriate amounts or of of liability insurance offered on the technology, and the earliest date of sale appropriate types is not available for a world market; of the technology to which the particular technology, the Under (6) Data and history regarding mass Designation shall apply (which shall be Secretary may authorize a Seller to self- casualty losses; determined by the Under Secretary in insure and prescribe the amount and (7) The intended use of the his or her discretion, and may be prior terms of the Seller’s liability in the technology; to, but shall not be later than, the applicable Designation, which amount (8) The possible effects of the cost of effective date of the Designation). The and terms shall be such as will not insurance on the price of the product, Designation may, but need not, also unreasonably distort the sales price of and the possible consequences thereof specify others who are required to be the Seller’s anti-terrorism technology. for development, production, or covered by the liability insurance The Under Secretary may request at any deployment of the technology; and required to be purchased by the Seller. time (before or after the insurance (9) In the case of a Seller seeking The Designation shall include the Under certification process established under approval to self-insure, the factors Secretary’s certification required by this section) that the Seller or any other described in 48 CFR 28.308(d). § 25.4(h). The Designation may also provider of qualified anti-terrorism (c) Scope of coverage. Liability include such other specifications as the technology submit any information that insurance required to be obtained (or Under Secretary may deem to be would: self-insurance required) pursuant to this appropriate, including, but not limited (1) Assist in determining the amount section shall, in addition to the Seller, to, specific applications of the of liability insurance required, or protect the following, to the extent of technology, materials or processes (2) Show that the Seller or any other their potential liability for involvement required to be used in producing or provider of qualified anti-terrorism in the manufacture, qualification, sale,

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use, or operation of qualified anti- under this Section, or, in the case of a (1) Names of insurance companies, terrorism technologies deployed in Seller authorized by the Under policy numbers, and expiration dates; defense against, response to, or recovery Secretary to self-insure pursuant to this (2) A description of the types and from, an act of terrorism: Section, shall not be in an amount nature of such insurance (including the (1) Contractors, subcontractors, greater than the liability limit prescribed extent to which the Seller is self-insured suppliers, vendors and customers of the by the Under Secretary in the applicable or intends to self-insure); Seller. Designation. (3) Dollar limits per occurrence and (2) Contractors, subcontractors, (1) In addition, in any action brought annually of such insurance, including suppliers, and vendors of the customer. under Section 863 of the Act for any applicable sublimits; (d) Third party claims. Any liability damages: (4) Deductibles or self-insured insurance required to be obtained (or (i) No punitive damages intended to retentions, if any, that are applicable; self-insurance required) pursuant to this punish or deter, exemplary damages, or (5) Any relevant exclusions from section shall provide coverage against other damages not intended to coverage under such policies; third party claims arising out of, relating compensate a plaintiff for actual losses (6) The price for such insurance, if to, or resulting from an act of terrorism may be awarded, nor shall any party be available, and the per-unit amount or when the applicable qualified anti- liable for interest prior to the judgment, percentage of such price directly related terrorism technologies have been (ii) Noneconomic damages may be to liability coverage for the Seller’s deployed in defense against, response awarded against a defendant only in an qualified anti-terrorism technology to, or recovery from such act. amount directly proportional to the deployed in defense against, or response (e) Reciprocal waiver of claims. The percentage of responsibility of such to, or recovery from an act of terror; Seller shall enter into a reciprocal defendant for the harm to the plaintiff, (7) Where applicable, whether the waiver of claims with its contractors, and no plaintiff may recover liability insurance, in addition to the subcontractors, suppliers, vendors, and noneconomic damages unless the Seller, protects contractors, customers, and contractors and plaintiff suffered physical harm, and subcontractors, suppliers, vendors and subcontractors of the customers, (iii) any recovery by a plaintiff shall customers of the Seller and contractors, involved in the manufacture, sale, use, be reduced by the amount of collateral subcontractors, suppliers, vendors and or operation of qualified anti-terrorism source compensation, if any, that the customers of the customer to the extent technologies, under which each party to plaintiff has received or is entitled to of their potential liability for the waiver agrees to be responsible for receive as a result of such acts of involvement in the manufacture, losses, including business interruption terrorism that result or may result in qualification, sale, use or operation of losses, that it sustains, or for losses loss to the Seller. Qualified Anti-terrorism Technologies sustained by its own employees (2) Without prejudice to the authority deployed in defense against, response resulting from an activity resulting from of the Under Secretary to terminate a to, or recovery from an act of terrorism; an act of terrorism when qualified anti- Designation pursuant to paragraph (h) of (8) Any limitations on such liability terrorism technologies have been this Section, such liability limitations insurance; and deployed in defense against, response and reductions shall apply in perpetuity (9) In the case of a Seller seeking to, or recovery from such act. to all deployments of a qualified anti- approval to self-insure, all of the Notwithstanding the foregoing, if the terrorism technology that occur on or information described in 48 CFR Seller has used diligent efforts in good after the effective date of the 28.308(a)(1) through (10). faith to obtain all required reciprocal Designation applicable to such (h) Under Secretary’s certification. For waivers, then obtaining such waivers technology in defense against, response each qualified anti-terrorism shall not be a condition precedent or to, or recovery from any act of terrorism, technology, the Under Secretary shall subsequent for, nor shall the failure to regardless of whether any liability certify the amount of insurance required obtain one or more of such waivers insurance coverage required to be under Section 864 of the Act. The Under adversely affect, the issuance, validity, obtained by the Seller is actually Secretary shall include the certification effectiveness, duration, or applicability maintained or not, provided that the under this section as a part of the of a Designation or a Certification. sale of such technology was applicable Designation. The certification Nothing in this paragraph (e) shall be consummated by the Seller on or after may specify a period of time for which interpreted to render the failure to the earliest date of sale of such the certification will apply. The Seller obtain one or more of such waivers a technology specified in such of a qualified anti-terrorism technology condition precedent or subsequent for Designation (which shall be determined may at any time petition the Under the issuance, validity, effectiveness, by the Under Secretary in his or her Secretary for a revision or termination of duration, or applicability of a discretion, and may be prior to, but the certification under this section. The Designation or a Certification. shall not be later than, such effective Under Secretary or his designee may at (f) Extent of liability. Liability for all date) and prior to the expiration or any time request information from the claims against a Seller arising out of, termination of such Designation. Seller regarding the insurance relating to, or resulting from an act of (g) Information to be submitted by the maintained by the Seller or the amount terrorism when such Seller’s qualified Seller. As part of any application for a of insurance available to the Seller. anti-terrorism technology has been Designation, the Seller shall provide a (i) Seller’s continuing obligations. deployed in defense against, response statement, executed by a duly Within 30 days after the Under to, or recovery from such act in authorized representative of the Seller, Secretary’s certification required by accordance with the applicable of all liability insurance coverage paragraph (h), and within 30 days after Designation and such claims result or applicable to third-party claims arising each subsequent anniversary of the may result in loss to the Seller, whether out of, relating to, or resulting from an issuance of a Designation, the Seller for compensatory or punitive damages act of terrorism when the Seller’s shall certify to the Under Secretary that or for contribution or indemnity, shall qualified anti-terrorism technology has the Seller has maintained the insurance not be in an amount greater than the been deployed in defense against, required by such certification. The limits of liability insurance coverage response to, or recovery from such act, Under Secretary may terminate a required to be maintained by the Seller including: Designation if the Seller fails to provide

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the certification required by this (i) That the Application be approved licensee of the technology, to any paragraph or provides a false and a Designation be issued to the person or entity to which such Seller certification. The Under Secretary may Seller; transfers all of its right, title, and also consider such failure to provide the (ii) That the Seller be notified that the interest in and to the applicable license certification or provision of a false technology is potentially eligible for a agreement). Such transfer and certification when reviewing future Designation, but that additional assignment of a Designation will not be applications from the same Seller. The specified information is needed before a effective unless and until: Seller must also notify the Under decision may be reached; or (i) the Under Secretary is notified in Secretary of any changes in types or (iii) That the Application be denied. writing of the transfer using the amounts of liability insurance coverage (2) If approval is recommended, the ‘‘Application for Transfer of for any qualified anti-terrorism recommendation shall include a Designation’’ form issued by the Under technology. recommendation regarding the Secretary (the Under Secretary shall certification required by § 25.4(h). The make this application form available at § 25.5 Procedures for designation of Assistant Secretary may extend the time http://www.dhs.gov and by mail by qualified anti-terrorism technologies. period beyond 90 days upon notice to written request sent to: Directorate of (a) Application procedure. Any Seller the Seller; the Assistant Secretary is not Science and Technology, SAFETY Act/ seeking a designation shall submit required to provide a reason or cause for room 4320, Department of Homeland information supporting such request to such extension. Security, Washington, DC 20528), and the Assistant Secretary for Plans, (e) Action by the Under Secretary. (ii) the transferee complies with all Programs, and Budget of the Department Within 30 days after receiving a applicable provisions of the SAFETY of Homeland Security Directorate of recommendation from the Assistant Act, this Part, and the relevant Science and Technology (‘‘the Assistant Secretary pursuant to paragraph (d) of Designation as if the transferee were the Secretary’’), or such other official of this section, the Under Secretary shall Seller. such Directorate as may be designated take one of the following actions: (2) Upon the effectiveness of such from time to time by the Under (1) Approve the Application and issue transfer and assignment, the transferee Secretary. The Under Secretary shall an appropriate Designation to the Seller, will be deemed to be a Seller in the make application forms available at which shall include the certification place and stead of the transferor with http://www.dhs.gov and by mail upon required by §25.4(h); respect to the applicable technology for request sent to: Directorate of Science (2) Notify the Seller in writing that the all purposes under the SAFETY Act, and Technology, SAFETY Act/room technology is potentially eligible for a this Part, and the transferred 4320, Department of Homeland Designation, but that additional Designation. The transferred Security, Washington, DC 20528. specified information is needed before a Designation will continue to apply to (b) Initial notification. Within 30 days decision may be reached; or the transferor with respect to all after receipt of an Application for a (3) Deny the Application, and notify transactions and occurrences that Designation, the Assistant Secretary or the Seller in writing of such decision. occurred through the time at which the his or her designee shall notify the The Under Secretary may extend the transfer and assignment of the applicant in writing that: time period beyond 30 days upon notice Designation became effective, as (1) The Application is complete and to the Seller; the Under Secretary is not specified in the applicable Application will be reviewed, or required to provide a reason or cause for for Transfer of Designation. (2) That the Application is such extension. The Under Secretary’s (h) Application of Designation to incomplete, in which case the missing decision shall be final and not subject licensees. Except as may be restricted by or incomplete parts will be specified. to review, except at the discretion of the the terms and conditions of a (c) Review process. The Assistant Under Secretary. Designation, any Designation shall Secretary or his or her designee will (f) Term of Designation; renewal. A apply to any other person or entity to review each complete Application and Designation shall be valid and effective which the Seller licenses (exclusively or any included supporting materials. In for a term of five to eight years (as nonexclusively) the right to performing this function, the Assistant determined by the Under Secretary manufacture, use, or and sell the Secretary or his or her designee may, based upon the technology) technology, in the same manner and to but is not required to: commencing on the date of issuance. At the same extent that such Designation (1) Request additional information any time commencing two years prior to applies to the Seller, effective as of the from the Seller; the expiration of a Designation, the date of commencement of the license, (2) Meet with representatives of the Seller may apply for renewal of the provided that the Seller notifies the Seller; Designation. The Under Secretary shall Under Secretary of such license by (3) Consult with, and rely upon the make the application form for renewals submitting, within 30 days after such expertise of, any other Federal or available at http://www.dhs.gov and by date of commencement, a ‘‘Notice of nonfederal entity; mail upon request sent to: Directorate of License of Qualified Anti-terrorism (4) Perform studies or analyses of the Science and Technology, SAFETY Act/ Technology’’ form issued by the Under technology or the insurance market for room 4320, Department of Homeland Secretary. The Under Secretary shall such technology; and Security, Washington, DC 20528. make this form available at http:// (5) Seek information from insurers (g) Transfer of Designation. (1) Except www.dhs.gov and by mail upon request regarding the availability of insurance as may be restricted by the terms and sent to: Directorate of Science and for such technology. conditions of a Designation, any Technology, SAFETY Act/room 4320, (d) Recommendation of the Assistant Designation may be transferred and Department of Homeland Security, Secretary. (1) Within 90 days after assigned to any other person or entity to Washington, DC 20528. Such receipt of a complete Application for a which the Seller transfers and assigns notification shall not be required for any Designation, the Assistant Secretary all right, title, and interest in and to the licensee listed as a Seller on the shall make one of the following technology covered by the Designation, applicable Designation. recommendations to the Under including the intellectual property (i) Termination of Designation Secretary regarding such Application: rights therein (or, if the Seller is a resulting from significant modification.

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A Designation shall terminate and hazard analyses and other relevant Homeland Security under §25.6 (a automatically, and have no further force data and information regarding such ‘‘Certification’’) shall submit or effect, if the designated qualified anti- technology to the Department in information supporting such request to terrorism technology is significantly connection with an application. The the Assistant Secretary. The Under changed or modified. A significant Under Secretary or his designee may Secretary shall make application forms change or modification in the require that the Seller submit any available at http://www.dhs.gov, and technology is one that could information that the Under Secretary or copies may also be obtained by mail by significantly reduce the safety or his designee considers relevant to the sending a request to: Directorate of effectiveness of the technology. This application for approval. The Under Science and Technology, SAFETY Act/ could include, in the case of a device, Secretary or his designee may consult room 4320, Department of Homeland a significant change or modification in with, and rely upon the expertise of, any Security, Washington, DC 20528. An design, material, chemical composition, other governmental or non- application for a certification may not energy source, manufacturing process, governmental person or entity, and may be filed unless the Seller has also filed or purpose for which it is to be sold, and consider test results produced by an an application for designation of in the case of a service, a significant independent laboratory or other person qualified anti-terrorism technology for change or modification in methodology, or entity engaged by the Seller. the same technology. The two procedures, or purpose for which it is to (b) Extent of liability. Should a applications may be filed be sold. If a Seller is planning a change product liability or other lawsuit be simultaneously and may be reviewed or modification to a designated filed for claims arising out of, relating simultaneously. technology, such Seller may apply for a to, or resulting from an act of terrorism (b) Initial notification. Within 30 days corresponding modification of the when qualified anti-terrorism after receipt of an Application for a applicable Designation in advance of the technologies certified by the Under Certification, the Assistant Secretary or implementation of such modification. Secretary as provided in §§ 25.6 and his or her designee shall notify the Application for such a modification 25.7 of this part have been deployed in applicant in writing that: must be made using the ‘‘Application defense against or response or recovery (1) The Application is complete and for Modification of Designation’’ form from such act and such claims result or will be reviewed, or issued by the Under Secretary. The may result in loss to the Seller, there (2) That the Application is Under Secretary shall make this shall be a rebuttable presumption that incomplete, in which case the missing application form available at http:// the government contractor defense or incomplete parts will be specified. www.dhs.gov and by mail upon request applies in such lawsuit. This (c) Review process. The Assistant sent to: Directorate of Science and presumption shall only be overcome by Secretary or his or her designee will Technology, SAFETY Act/room 4320, evidence showing that the Seller acted review each complete Application for a Department of Homeland Security, fraudulently or with willful misconduct Certification and any included Washington, DC 20528. Changes or in submitting information to the supporting materials. In performing this modifications will be evaluated at a Assistant Secretary during the course of function, the Assistant Secretary or his minimum with reference to the the Assistant Secretary’s consideration or her designee may, but is not required description of the technology and its of such technology under this to: purposes as provided in the Seller’s subsection. This presumption of the (1) Request additional information application and with reference to what government contractor defense shall from the Seller; was designated in the applicable apply regardless of whether the claim (2) Meet with representatives of the Designation. In lieu of issuing a against the Seller arises from a sale of Seller; modified Designation in response to the product to Federal Government or (3) Consult with, and rely upon the such an application, the Under non-Federal Government customers. expertise of, any other Federal or Secretary may elect to issue a certificate Such presumption shall apply in nonfederal entity; and to the Seller certifying that the perpetuity to all deployments of a (4) Perform or seek studies or analyses submitted changes or modifications are qualified anti-terrorism technology (for of the technology. not significant within the meaning of which a Certification has been issued by (d) Recommendation of the Assistant this paragraph (i) and that the Seller’s the Under Secretary as provided in this Secretary. (1) Within 90 days after existing Designation continues to be section and § 25.7) that occur on or after receipt of a complete Application for a applicable to the changed or modified the effective date of the Certification Certification, the Assistant Secretary technology. applicable to such technology in shall make one of the following defense against, response to, or recovery recommendations to the Under § 25.6 Government contractor defense. from any act of terrorism, provided that Secretary regarding such Application: (a) Criteria for certification. The the sale of such technology was (i) That the Application be approved Under Secretary may certify a qualified consummated by the Seller on or after and a Certification be issued to the anti-terrorism technology as an the earliest date of sale of such Seller; Approved Product for Homeland technology specified in such (ii) That the Seller be notified that the Security for purposes of establishing a Certification (which shall be determined technology is potentially eligible for a rebuttable presumption of the by the Under Secretary in his or her Certification, but that additional applicability of the government discretion, and may be prior to, but specified information is needed before a contractor defense. In determining shall not be later than, such effective decision may be reached; or whether to grant such certification, the date) and prior to the expiration or (iii) That the Application be denied. Under Secretary or his or her designee termination of such Certification. (2) The Assistant Secretary may shall conduct a comprehensive review extend the time period beyond 90 days of the design of such technology and § 25.7 Procedures for Certification of upon notice to the Seller; the Assistant determine whether it will perform as Approved Products for Homeland Security. Secretary is not required to provide a intended, conforms to the Seller’s (a) Application procedure. A Seller reason or cause for such extension. specifications, and is safe for use as seeking certification of anti-terrorism (e) Action by the Under Secretary. (1) intended. The Seller shall provide safety technology as an Approved Product for Within 30 days after receiving a

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recommendation from the Assistant that such certification applies to the case of a domestic United States air Secretary pursuant to paragraph (d) of Seller, effective as of the date of carrier or a United States-flag vessel (or this section, the Under Secretary shall commencement of the license, provided a vessel based principally in the United take one of the following actions: that the Seller notifies the Under States on which United States income (i) Approve the Application and issue Secretary of such license by submitting, tax is paid and whose insurance an appropriate Certification to the within 30 days after such date of coverage is subject to regulation in the Seller; commencement, a ‘‘Notice of License of United States), in or outside the United (ii) Notify the Seller in writing that Approved Anti-terrorism Technology’’ States; and the technology is potentially eligible for form issued by the Under Secretary. The (3) Uses or attempts to use a Certification, but that additional Under Secretary shall make this form instrumentalities, weapons or other specified information is needed before a available at http://www.dhs.gov and by methods designed or intended to cause decision may be reached; or mail upon request sent to: Directorate of mass destruction, injury or other loss to (iii) Deny the Application, and notify Science and Technology, SAFETY Act/ citizens or institutions of the United the Seller in writing of such decision. room 4320, Department of Homeland States. (2) The Under Secretary may extend Security, Washington, DC 20528. Such Assistant Secretary—The term the time period beyond 30 days upon notification shall not be required for any ‘‘Assistant Secretary’’ means the notice to the Seller, and the Under licensee listed as a Seller on the Assistant Secretary for Plans, Programs, Secretary is not required to provide a applicable Certification. and Budget of the Department of reason or cause for such extension. The (i) Transfer of Certification. In the Homeland Security Directorate of Under Secretary’s decision shall be final event of any permitted transfer and Science and Technology, or such other and not subject to review, except at the assignment of a Designation, any related official of such Directorate as may be discretion of the Under Secretary. Certification for the same anti-terrorism designated from time to time by the (f) Designation is a pre-condition. The technology shall automatically be Under Secretary. Under Secretary may approve an deemed to be transferred and assigned Certification—The term application for a certification only if the to the same transferee to which such ‘‘Certification’’ means (unless the Under Secretary has also approved an Designation is transferred and assigned. context requires otherwise) a application for a designation for the certification that a qualified anti- same technology under section 25.3. The transferred Certification will continue to apply to the transferor with terrorism technology for which a (g) Content and term of certification; Designation has been issued will renewal. A Certification shall specify respect to all transactions and occurrences that occurred through the perform as intended, conforms to the the technology, the Seller(s) of the Seller’s specifications, and is safe for technology, and the earliest date of sale time at which such transfer and assignment of the Certification became use as intended. of the technology to which the Contractor—The term ‘‘contractor’’ of effective. Certification shall apply (which shall be a Seller means any person or entity with (j) Issuance of Certificate; Approved determined by the Under Secretary in whom or with which the Seller has Product List. For anti-terrorism his or her discretion, and may be prior entered into a contract relating to the technology reviewed and approved by to, but shall not be later than, the manufacture, sale, use, or operation of the Under Secretary and for which a effective date of the Certification). The anti-terrorism technology for which a Certification is issued, the Under Certification may also include such Designation is issued (regardless of Secretary shall issue a certificate of other specifications as the Under whether such contract is entered into conformance to the Seller and place the Secretary may deem to be appropriate, before or after the issuance of such anti-terrorism technology on an including, but not limited to, specific Designation), including, without Approved Product List for Homeland applications of the technology, materials limitation, an independent laboratory or Security, which shall be published by or processes required to be used in other entity engaged in testing or the Department of Homeland Security. producing or using the technology, verifying the safety, utility, restrictions on transfer or licensing, and § 25.8 Confidentiality and protection of performance, or effectiveness of such training and instructions required to be intellectual property. technology, or the conformity of such provided to persons involved in the The Secretary, in consultation with technology to the Seller’s specifications. deployment of the technology. A the Office of Management and Budget Designation—The term ‘‘Designation’’ certification shall be valid and effective and appropriate Federal law means a designation of a qualified anti- for the same period of time for which enforcement and intelligence officials, terrorism technology under the SAFETY the related Designation is issued, and and in a manner consistent with Act issued by the Under Secretary under shall terminate upon the termination of existing protections for sensitive or authority delegated by the Secretary of such related Designation. The Seller classified information, shall establish Homeland Security. may apply for renewal of the confidentiality protocols for Loss—The term ‘‘loss’’ means death, Certification in connection with an maintenance and use of information bodily injury, or loss of or damage to application for renewal of the related submitted to the Department under the property, including business Designation. An application for renewal SAFETY Act and this Part. Such interruption loss (which is a component must be made using the ‘‘Application protocols shall, among other things, of loss of or damage to property). for Certification of an Approved Product ensure that the Department will utilize Noneconomic damages—The term for Homeland Security’’ form issued by all appropriate exemptions from the ‘‘noneconomic damages’’ means the Under Secretary. Freedom of Information Act. damages for losses for physical and (h) Application of Certification to emotional pain, suffering, licensees. Any certification shall apply § 25.9 Definitions. inconvenience, physical impairment, to any other person or entity to which Act of Terrorism—The term ‘‘act of mental anguish, disfigurement, loss of the Seller licenses (exclusively or terrorism’’ means any act that— enjoyment of life, loss of society and nonexclusively) the right to (1) Is unlawful; companionship, loss of consortium, manufacture and sell the technology, in (2) Causes harm to a person, property, hedonic damages, injury to reputation, the same manner and to the same extent or entity, in the United States, or in the and any other nonpecuniary losses.

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Physical harm—The term ‘‘physical designed, developed, modified, or Seller—The term ‘‘Seller’’ means any harm’’ as used in the Act shall mean a procured for the specific purpose of person or entity to whom or to which physical injury to the body that caused, preventing, detecting, identifying, or (as appropriate) a Designation has been either temporarily or permanently, deterring acts of terrorism or limiting issued under this Part (unless the partial or total physical disability, the harm such acts might otherwise context requires otherwise). incapacity or disfigurement. In no event cause, for which a Designation has been Under Secretary—The term ‘‘Under shall physical harm include mental issued under this Part. Secretary’’ means the Under Secretary pain, anguish, or suffering, or fear of SAFETY Act or Act—The term for Science and Technology of the injury. Department of Homeland Security. Qualified Anti-Terrorism Technology ‘‘SAFETY Act’’ or ‘‘Act’’ means the (QATT)—The term ‘‘’qualified anti- Support Anti-terrorism by Fostering Dated: October 10, 2003. terrorism technology’’’ means any Effective Technologies Act of 2002, Tom Ridge, product, equipment, service (including enacted as Subtitle G of Title VIII of the Secretary of Homeland Security. support services), device, or technology Homeland Security Act of 2002, Public [FR Doc. 03–26217 Filed 10–10–03; 4:15 pm] (including information technology) Law 107–296. BILLING CODE 4410–10–P

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Reader Aids Federal Register Vol. 68, No. 200 Thursday, October 16, 2003

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 2...... 58575 Presidential Documents 3 CFR 3...... 58575 Executive orders and proclamations 741–6000 Proclamations: 94...... 59527 The United States Government Manual 741–6000 7710...... 56521 113...... 57607 7711...... 58251 Other Services Proposed Rules: 7712...... 58253 113...... 57638 Electronic and on-line services (voice) 741–6020 7713...... 58255 Privacy Act Compilation 741–6064 7714...... 58257 10 CFR Public Laws Update Service (numbers, dates, etc.) 741–6043 7715...... 58259 Ch. 1 ...... 58792 TTY for the deaf-and-hard-of-hearing 741–6086 7716...... 58573 30...... 57327 7717...... 59079 40...... 57327 7718...... 59305 ELECTRONIC RESEARCH 70...... 57327 7719...... 59513 72...... 57785 World Wide Web 7720...... 59515 Proposed Rules: 7721...... 59517 Full text of the daily Federal Register, CFR and other publications 40...... 59346 Administrative Orders: is located at: http://www.access.gpo.gov/nara 52...... 57383 Presidential 72...... 57839 Federal Register information and research tools, including Public Determinations: Inspection List, indexes, and links to GPO Access are located at: No. 2003–40 ...... 57319 12 CFR http://www.archives.gov/federallregister/ No. 2003–41 ...... 58261 3...... 56530 E-mail 204...... 57788 5 CFR 208...... 56530 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 575...... 56665 225...... 56530 an open e-mail service that provides subscribers with a digital 870...... 59081 325...... 56530 form of the Federal Register Table of Contents. The digital form 890...... 56523 559...... 57790 of the Federal Register Table of Contents includes HTML and 892...... 56523, 56525 562...... 57790 PDF links to the full text of each document. 563...... 57790 6 CFR To join or leave, go to http://listserv.access.gpo.gov and select 567...... 56530 Online mailing list archives, FEDREGTOC-L, Join or leave the list 25...... 59684 702...... 56537 (or change settings); then follow the instructions. 704...... 56537 7 CFR 712...... 56537 PENS (Public Law Electronic Notification Service) is an e-mail 272...... 59519 723...... 56537 service that notifies subscribers of recently enacted laws. 275...... 59519 742...... 56537 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 301 ...... 56529, 59082, 59091, 910...... 59308 and select Join or leave the list (or change settings); then follow 59307 913...... 59308 the instructions. 905...... 59446 Proposed Rules: FEDREGTOC-L and PENS are mailing lists only. We cannot 930...... 57321 3...... 56568 respond to specific inquiries. 945...... 59524 208...... 56568 956...... 57324 225...... 56568 Reference questions. Send questions and comments about the 993...... 57783 325...... 56568 Federal Register system to: [email protected] 1206...... 58552 567...... 56568 The Federal Register staff cannot interpret specific documents or 1220...... 57326 701...... 56586 regulations. Proposed Rules: 708a...... 56589 58...... 57382 741...... 56586 FEDERAL REGISTER PAGES AND DATE, OCTOBER 301...... 59548 923...... 58636 13 CFR 56521–56764...... 1 946...... 58638 102...... 59091 56765–57318...... 2 1000...... 59554 120...... 56553, 57960 57319–57606...... 3 1001...... 59554 121...... 59309 1005...... 59554 57607–57782...... 6 14 CFR 1006...... 59554 57783–58008...... 7 1007...... 59554 23 ...... 58009, 59098, 59099 58009–58260...... 8 1030...... 59554 25...... 59095 58261–58574...... 9 1032...... 59554 39 ...... 57337, 57339, 57343, 58575–59078...... 10 1033...... 59554 57346, 57609, 57611, 58263, 59079–59304...... 14 1124...... 59554 58265, 58268, 58271, 58273, 59305–59512...... 15 1126...... 59554 58578, 58581, 59101, 59104, 59513–59704...... 16 1131...... 59554 59106, 59109, 59531, 59532 1135...... 59554 71 ...... 57347, 58011, 58582, 1206...... 58556 59112, 59113, 59148 97...... 57347, 57349 9 CFR Proposed Rules: 1...... 58575 25...... 58042

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39 ...... 56591, 56594, 56596, 27 CFR Proposed Rules: 8...... 56688 56598, 56792, 56794, 56796, 73...... 58600 30...... 57850, 59563 9...... 56676 56799, 56801, 57392, 57394, 31...... 57850, 59563 10...... 56676, 56681 Proposed Rules: 33...... 57850, 59563 57639, 58044, 58046, 58050, 9...... 57840, 57845 12 ...... 56676, 56681, 56682 58283, 58285, 58287, 58289, 35...... 57850, 59563 13...... 56669, 56681 58291, 59136, 59138, 59139, 29 CFR 40...... 57850, 59563 14...... 56676 52 ...... 58055, 58295, 58644, 59347, 59349, 59555 403...... 58374 19...... 56676, 56681 73...... 58052 59145, 59146, 59355, 59356 22...... 56676 408...... 58374 60...... 58838 24...... 56688 15 CFR 4022...... 59315 62...... 58646 4044...... 59315 25 ...... 56676, 56681, 56684, 303...... 56555 70...... 58055 56685 71...... 58055 30 CFR 31...... 56686 16 CFR 80...... 56805, 57851 1000...... 57799 935...... 57352 82...... 56809 32...... 56669, 56682 938...... 56765, 57805 131...... 58758 34...... 56676 17 CFR Proposed Rules: 141...... 58057 35...... 56676 4...... 59113 914...... 59352 142...... 58057 36...... 56676 30...... 58583 917...... 57398 143...... 58057 52 ...... 56669, 56682, 56684, 56685 230...... 57760 33 CFR 228...... 58295 239...... 57760 239...... 57855 202...... 56560, 58631 270...... 57760 100 ...... 58011, 58013, 58603 258...... 57855 204...... 58631 274...... 57760 110...... 58015 261...... 56603 211...... 58631 275...... 56692 117 ...... 57356, 57614, 58018, 271...... 59563 212...... 58631 279...... 56692 59114, 59316, 59535 300...... 57855 213...... 56560 Proposed Rules: 147...... 59116 226...... 56561 239...... 58226 165 ...... 57358, 57366, 57368, 41 CFR 237...... 56563 274...... 58226 57370, 57616, 58015, 58604, 101–6...... 56560 243...... 58631 275...... 58226 58606, 59118, 59538 101–8...... 57730 252 ...... 56560, 56561, 58631 334...... 57624 1817...... 57629 19 CFR Proposed Rules: 42 CFR Proposed Rules: 100...... 58640 12...... 58371 409...... 58756 16...... 56613 117...... 58642, 59143 Proposed Rules: 411...... 58756 39...... 56613, 59447 334...... 57642 191...... 56804 412...... 57732 511...... 59510 413...... 57732, 58756 37 CFR 552...... 59510 20 CFR 440...... 58756 604...... 58540 2...... 56556 483...... 58756 260...... 57814 488...... 58756 49 CFR 21 CFR Proposed Rules: 489...... 58756 171...... 57629 1...... 58894, 58974 201...... 58054 172...... 57629 20...... 58894 44 CFR 38 CFR 173...... 57629 172...... 57799, 57957 59...... 59126 175...... 57629 61...... 59126 347...... 58273 3...... 59540 176...... 57629 65...... 57625 520...... 57351 Proposed Rules: 177...... 57629 522...... 56765 67...... 57825, 57828 17...... 56876, 59557 178...... 57629 529...... 57613 36...... 58293 Proposed Rules: 179...... 57629 1300...... 57799 61...... 59146 544...... 59132 1301...... 58587 39 CFR 62...... 59146 575...... 59249 1309...... 57799 111...... 56557, 58273 67...... 57856 1503...... 58281 1310...... 57799 224...... 56557 47 CFR Proposed Rules: 230...... 57372 1...... 56600 261...... 56557 1...... 58629, 59127 50 CFR 356...... 57642 262...... 56557 5...... 59335 17 ...... 56564, 57829, 59337 24...... 57828 263...... 56557 21...... 58022 22 CFR 25 ...... 58629, 59127, 59128 264...... 56557 32...... 57308 120...... 57352 265...... 56557 52...... 56781 622...... 57375 266...... 56557 64...... 56764, 59130 635...... 56783, 59546 24 CFR 267...... 56557 73...... 57829 648...... 58037, 58281 598...... 57604 268...... 56557 74...... 59131 599...... 57604 76...... 59336 660...... 57379 982...... 57804 40 CFR 78...... 59131 679 ...... 56788, 57381, 57634, 57636, 57837, 58037, 58038, Proposed Rules: 52 ...... 58019, 58276, 58608, Proposed Rules: 59345, 59546 203...... 58006 59121, 59123, 59318, 59321, 73 ...... 56810, 56811, 57861 59327 697...... 56789 25 CFR 60...... 59328 48 CFR Proposed Rules: Proposed Rules: 62...... 57518, 58613 Ch. 1...... 56668, 56689 17...... 57643, 57646 514...... 58053 63...... 58172, 58615 1...... 56669 300...... 58296 80...... 56776, 57815 2 ...... 56669, 56676, 56681 402...... 58298 26 CFR 81...... 57820 4 ...... 56669, 56676, 56679 622...... 57400, 59151 1...... 56556, 59114 239...... 57824 5...... 56676 648...... 56811 Proposed Rules: 258...... 57824, 59333 6...... 56676 660...... 59358 301...... 59557 271...... 59542 7...... 56676 679...... 59564

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REMINDERS service connection; Atlantic surf clam and promulgation; various The items in this list were published 10-16-03 ocean quahog; States: editorially compiled as an aid comments due by 10- Arizona; comments due by to Federal Register users. COMMENTS DUE NEXT 23-03; published 8-25- 10-22-03; published 9-22- 03 [FR 03-21609] Inclusion or exclusion from WEEK 03 [FR 03-24003] this list has no legal DEFENSE DEPARTMENT Air quality planning purposes; significance. AGRICULTURE Acquisition regulations: designation of areas: DEPARTMENT Multiyear contracting Arizona; comments due by Forest Service authority revisions; 10-22-03; published 9-22- RULES GOING INTO 03 [FR 03-24002] EFFECT OCTOBER 16, Alaska National Interest Lands comments due by 10-20- 03; published 8-21-03 [FR Environmental statements; 2003 Conservation Act; Title VIII implementation (subsistence 03-21309] availability, etc.: priority): Production surveillance and Coastal nonpoint pollution AGRICULTURE reporting; comments due control program— DEPARTMENT Wildlife; 2004-2005; subsistence taking; by 10-20-03; published 8- Minnesota and Texas; Animal and Plant Health 21-03 [FR 03-21312] Open for comments Inspection Service comments due by 10-24- 03; published 8-19-03 [FR Civilian health and medical until further notice; Exportation and importation of 03-21121] program of uniformed published 10-16-03 [FR animals and animal services (CHAMPUS): 03-26087] products: AGRICULTURE DEPARTMENT TRICARE program— FEDERAL Classical swine fever; Coordination of benefits COMMUNICATIONS disease status change— Farm Service Agency Program regulations: between TRICARE and COMMISSION East Anglia; published 10- the Department of Direct farm loan programs; Common carrier services: 16-03 Veterans Affairs; appraisals; comments due Americans with Disabilities HEALTH AND HUMAN comments due by 10- by 10-20-03; published 8- Act; implementation— SERVICES DEPARTMENT 20-03; published 8-19- 21-03 [FR 03-21422] Individuals with hearing Centers for Medicare & 03 [FR 03-21012] and speech disabilities; Medicaid Services Guaranteed farm loan program; comments due ENERGY DEPARTMENT telecommunications Medicare: by 10-20-03; published 8- Federal Energy Regulatory relay services and Claims; electronic 19-03 [FR 03-21040] Commission speech-to-speech submission; published 8- Electric rate and corporate services; comments due 15-03 AGRICULTURE DEPARTMENT regulation filings: by 10-24-03; published HOMELAND SECURITY 8-25-03 [FR 03-21615] Rural Business-Cooperative Virginia Electric & Power DEPARTMENT Service Co. et al.; Open for FEDERAL TRADE Support Anti-Terrorism by COMMISSION Program regulations: comments until further Fostering Effective notice; published 10-1-03 Industry guides: Technologies Act of 2002 Direct farm loan programs; [FR 03-24818] Tire advertising and labeling (SAFETY Act); appraisals; comments due ENVIRONMENTAL guides; comments due by implementation; published by 10-20-03; published 8- PROTECTION AGENCY 10-24-03; published 8-25- 10-16-03 21-03 [FR 03-21422] Air pollutants, hazardous; 03 [FR 03-21681] NUCLEAR REGULATORY AGRICULTURE national emission standards: HEALTH AND HUMAN COMMISSION DEPARTMENT Asbestos; comments due by SERVICES DEPARTMENT Production and utilization Rural Housing Service 10-20-03; published 9-18- Centers for Medicare & facilities; domestic licensing: Program regulations: 03 [FR 03-23846] Medicaid Services Combustible gas control in Direct farm loan programs; Air pollution control; new containment; published 9- appraisals; comments due Medicare: motor vehicles and engines: 16-03 by 10-20-03; published 8- Respiratory assist devices Spent nuclear fuel and high- 21-03 [FR 03-21422] Compression-ignition marine with bi-level capacity and level radioactive waste; AGRICULTURE engines at or above 30 back-up rate; payment; independent storage; DEPARTMENT liters per cylinder; comments due by 10-21- emission standards; 03; published 8-22-03 [FR licensing requirements: Rural Utilities Service correction; comments due 03-21443] Design of dry cask Program regulations: by 10-20-03; published 9- independent spent fuel HOMELAND SECURITY Direct farm loan programs; 19-03 [FR 03-23849] DEPARTMENT storage installations and appraisals; comments due monitored retrievable Compression-ignition marine Coast Guard by 10-20-03; published 8- engines at or above 30 storage installations; 21-03 [FR 03-21422] Drawbridge operations: siting; published 9-16-03 liters per cylinder; COMMERCE DEPARTMENT emission standards California; comments due by TRANSPORTATION 10-22-03; published 9-22- National Oceanic and Correction; comments due DEPARTMENT 03 [FR 03-24016] Atmospheric Administration by 10-20-03; published Federal Aviation Fishery conservation and 9-19-03 [FR 03-23848] Oregon; comments due by Administration 10-20-03; published 9-5- management: Air quality implementation Airworthiness directives: 03 [FR 03-22564] Atlantic highly migratory plans; approval and Airbus; published 9-11-03 species— promulgation; various INTERIOR DEPARTMENT Boeing; published 9-11-03 Atlantic blue and white States; air quality planning Fish and Wildlife Service VETERANS AFFAIRS marlin; recreational purposes; designation of Alaska National Interest Lands DEPARTMENT landings limit; areas: Conservation Act; Title VIII Adjudication; pensions, comments due by 10- New Mexico; comments due implementation (subsistence compensation, dependency, 24-03; published 9-17- by 10-20-03; published 9- priority): etc.: 03 [FR 03-23764] 18-03 [FR 03-23747] Wildlife; 2004-2005; Chronic lymphocytic Northeastern United States Air quality implementation subsistence taking; leukemia; presumptive fisheries— plans; approval and comments due by 10-24-

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03; published 8-19-03 [FR TRANSPORTATION Insurers required to file Flavored malt beverages; 03-21121] DEPARTMENT reports; list; comments comments due by 10-21- Endangered and threatened Federal Aviation due by 10-25-03; 03; published 6-2-03 [FR species: Administration published 10-14-03 [FR 03-13670] Scimitar-horned oryx, addax, Airworthiness directives: 03-25659] and dama gazelle; Airbus; comments due by Motor vehicle safety comments due by 10-22- 10-20-03; published 9-18- standards: LIST OF PUBLIC LAWS 03; published 7-24-03 [FR 03 [FR 03-23832] Rear impact protection; road 03-18841] Boeing; comments due by construction controlled This is a continuing list of Migratory bird hunting: 10-20-03; published 9-4- horizontal discharge public bills from the current trailer; exclusion from Resident Canada goose 03 [FR 03-22496] session of Congress which standard; comments due populations; management; Bombardier; comments due have become Federal laws. It by 10-20-03; published 9- comments due by 10-20- by 10-22-03; published 9- may be used in conjunction 19-03 [FR 03-23960] 03; published 8-21-03 [FR 22-03 [FR 03-23933] with ‘‘PLUS’’ (Public Laws 03-21268] Eurocopter France; TREASURY DEPARTMENT Update Service) on 202–741– 6043. This list is also INTERIOR DEPARTMENT comments due by 10-21- Fiscal Service 03; published 8-22-03 [FR Financial Management available online at http:// Surface Mining Reclamation www.nara.gov/fedreg/ and Enforcement Office 03-21522] Service: McCauley Propeller plawcurr.html. Permanent program and Automated Clearing House; Systems, Inc.; comments abandoned mine land Federal agency The text of laws is not due by 10-20-03; reclamation plan participation; comments published in the Federal published 8-21-03 [FR 03- submissions: due by 10-20-03; Register but may be ordered 21519] published 8-21-03 [FR 03- Pennsylvania; comments in ‘‘slip law’’ (individual McCauley Propeller 21203] due by 10-22-03; pamphlet) form from the Systems, Inc.; correction; published 9-22-03 [FR 03- TREASURY DEPARTMENT Superintendent of Documents, comments due by 10-20- 23986] Internal Revenue Service U.S. Government Printing 03; published 9-8-03 [FR Office, Washington, DC 20402 MERIT SYSTEMS Income taxes: C3-21519] (phone, 202–512–1808). The PROTECTION BOARD Modified accelerated cost McDonnell Douglas; text will also be made Practice and procedure: comments due by 10-23- recovery system property; changes in use; available on the Internet from Expeditious adjudication of 03; published 9-8-03 [FR depreciation; comments GPO Access at http:// appeals; comments due 03-22709] due by 10-20-03; www.access.gpo.gov/nara/ by 10-20-03; published 9- Saab; comments due by 10- published 7-21-03 [FR 03- nara005.html. Some laws may 18-03 [FR 03-23857] 20-03; published 9-19-03 18325] not yet be available. [FR 03-23939] PERSONNEL MANAGEMENT Real estate mortgage Airworthiness standards: H.R. 2152/P.L. 108–99 OFFICE investment conduits; Employment: Special conditions— Section 446 application To amend the Immigration Executive branch employees Douglas Models DC-8-61, with respect to and Nationality Act to extend detailed to legislative -61F, -63, -63F, -71, inducement fees; for an additional 5 years the branch; guidelines; -71F, -72, -72F, -73, comments due by 10-20- special immigrant religious comments due by 10-24- and -73F airplanes; 03; published 7-21-03 [FR worker program. (Oct. 15, 03; published 9-9-03 [FR comments due by 10- 03-18212] 2003; 117 Stat. 1176) 20-03; published 9-19- 03-22904] Retirement plans; cash or Last List October 15, 2003 03 [FR 03-23970] Intergovernmental Personnel deferred arrangements Act Mobility Programs: Class D and Class E and matching or airspace; comments due by Federal Government and employee contributions; 10-23-03; published 9-12-03 State, local, and Indian comments due by 10-22- Public Laws Electronic [FR 03-23298] Tribal governments, higher 03; published 7-17-03 [FR Notification Service education institutions, etc.; TRANSPORTATION 03-17755] (PENS) temporary employee DEPARTMENT Securities in an S assignments; comments Federal Motor Carrier Safety corporation; prohibited due by 10-21-03; Administration allocations; cross- PENS is a free electronic mail published 8-22-03 [FR 03- Hazardous materials: reference; comments due notification service of newly 21417] Hazardous materials by 10-20-03; published 7- enacted public laws. To 21-03 [FR 03-18211] SOCIAL SECURITY transportation— subscribe, go to http:// ADMINISTRATION Safety permits; comments TREASURY DEPARTMENT listserv.gsa.gov/archives/ publaws-l.html Social security benefits: due by 10-20-03; Privacy Act; implementation; comments due by 10-22-03; Federal old-age, survivors, published 8-19-03 [FR published 9-22-03 [FR 03- Note: This service is strictly and disability insurance— 03-20887] 24055] for E-mail notification of new Earnings; annual test for TRANSPORTATION laws. The text of laws is not retirement beneficiaries; DEPARTMENT TREASURY DEPARTMENT available through this service. comments due by 10- National Highway Traffic Alcohol and Tobacco Tax PENS cannot respond to 24-03; published 8-25- Safety Administration and Trade Bureau specific inquiries sent to this 03 [FR 03-21613] Insurer reporting requirements: Alcoholic beverages: address.

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